S.Mohan Raj (Died), v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.09.2023 CORAM: JUSTICE N.SESHASAYEE WP.No.10160 of 2022 S.Mohan Raj(Died) 1.Saraswathi 2.Sangeetha 3.Bharath
...Petitioners
(petitioners 1 to 3 are impleaded as the legal heirs of Late.S.Mohan Raj Vide the order of this Court dated 04.09.2023 in WMP/19537/2023 in WP/10160/2022) -Vs1.The District Collector, Coimbatore, Coimbatore District.
2.The Joint Director, Velan Vanigam, Coimbatore District.
3.The Administrative Officer, Ulavar Market, Singanallur, Coimbatore District.
...Respondents
Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for records relating to 1/4
the impugned order in KA.No.E/2448/2021 dated 28.02.2022 on file of the 2nd respondent and to quash the same and consequently direct the respondents to permit the petitioner to continue to sell the vegetable in the Ulavar Santhai, Singanallur.
For Petitioner : Mr.K.S.Karthik Raja For Respondents : Mr.G.Ameedias, Government Advocate
ORDER
Certain Mohan Raj, who has now passed away, was an agriculturist stated to be possessing some 15 cents of land and he was prevented by the respondents herein from selling his produce in Singanallur Ulavar Santhai and he was directed to the nearer Ulavar Santhai at Palladam. In terms of the impugned order, some inspection has taken place on 24.11.2021 and this has influenced the respondents, rather the second respondent to pass the impugned order.
2.Mr.G.Ameedias, learned Government Advocate takes notice for the respondents.
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3.The learned counsel for the petitioner submits that no report of the Investigating Authority was ever given and the petitioner was not heard. 4.Without getting into the merit of the controversy, this Court merely directs the petitioners herein to go with a fresh representation to the second respondent, wherein after the second respondent is required to hold an enquiry and dispose of the same through a speaking order within a period of twelve (12) weeks from the date of receipt of the representation.
5.The Writ Petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. 04.09.2023 Index : Yes/No Internet : Yes/No Tsg 3/4
N.SESHASAYEE, J., Tsg To 1.The District Collector, Coimbatore, Coimbatore District.
2.The Joint Director, Velan Vanigam, Coimbatore District.
3.The Administrative Officer, Ulavar Market, Singanallur, Coimbatore District.
Order made in 04.09.2023 4/4