V.Ramalingam v. The Principle Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.8752 of 2017 and W.M.P.No.9600 of 2017 V.Ramalingam

...Petitioner

Vs.

1.The Principal Secretary, 2.The Secretary Department of Mines and Minerals 3.The District Collector District Collectorate Thiruvannamalai.

4.The Revenue Officer Cheyyar, Thiruvannamalai.

5.The Tahsildar Cheyyar, Thiruvannamalai.

6.R.Srinivasan

...Respondents

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus to direct all the respondents to consider the petitioner's representation dated 06.02.2017.

For Petitioner :

Mr.T.Subramanian For Respondents:

Mr.M.Elumalai Government Advocate For R1 to R5

O R D E R

Mr.M.Elumalai, learned Government Advocate, takes notice on behalf of the respondents 1 to 5. Notice to the sixth respondent is dispensed with, since the order passed in this writ petition is not going to affect the interest of the sixth respondent as such. By consent of all the parties, namely, the petitioner and the respondents 1 to 5, the main writ petition itself is taken up for final disposal at the admission stage.

2. The petitioner seeks for a direction to the respondents 1 to 5 to consider his representation dated 06.02.2017 wherein and whereby he made a complaint against the sixth respondent, as if, the said person is indulging in illegal quarry at the land referred to in the representation dated 06.02.2017.

3. The grievance of the petitioner is that the said representation has not been considered and disposed of, so far. Needless to say, it is for the third respondent to consider the said representation and pass orders on the same on merits and in accordance with law, after giving due opportunity of hearing to the petitioner as well as the sixth respondent.

4. This Court, at this stage, is not expressing any view on merits on the claim made by the petitioner, as it is for the third respondent to consider and decide. Accordingly, this writ petition is disposed of, only with a direction to the the third respondent to consider the petitioner's representation dated 06.02.2017 and pass orders on merits and in accordance with law, after hearing both parties. Such exercise shall be done by the third respondent within a period of six weeks from the date of receipt of copy of this order. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mk To 1.The Principal Secretary,

2.The Secretary Department of Mines and Minerals 3.The District Collector District Collectorate Thiruvannamalai.

4.The Revenue Officer Cheyyar, Thiruvannamalai.

5.The Tahsildar Cheyyar, Thiruvannamalai.

+1cc to Mr.T. Subramani, Advocate, S.R.No.22131 sks(CO) md(20/04/2017) W.P.No.8752 of 2017