C.Arumugam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.13623 of 2021 C.Arumugam

...Petitioner

Vs The District Collector, Office of Collector, Villupuram District.

...Respondent

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondent to consider and take action in pursuance to my written complaint dated 24.02.2021.

For Petitioner :

Mr.J.R.K.Bhavanantham For Respondent :

Mr.Stalin Abimanyu, GA

O R D E R

The relief sought in this writ petition is to issue a mandamus directing the respondent to consider the petitioner's complaint dated 24.02.2021 and take appropriate action against the assailants, who are preventing him from using 'dry ash' to make his land fertile.

2.According to the petitioner, he is the owner of dry land comprised in S.No.167/5 of Endiyur Village, Athur Salai, Santhi Nagar, Tindivanam Taluk, Villupuram District, which is fit for cultivation of voodu payir like groundnut, thinai etc. He is using 'dry ash' (thotti sambal) as manure to make his land fertile, which is harmless. On 19.02.2021, some of the residents of Santhi Nagar came, abused the petitioner with filthy language and attempted to assault him, thereby preventing him from using 'dry ash' as manure. Hence, the petitioner made a complaint on 24.02.2021 to the respondent. Since the same was not considered till date, he has come up with this writ petition for the aforesaid relief.

3.When the matter was taken up for consideration, the learned Government Advocate taking notice for the respondent https://hcservices.ecourts.gov.in/hcservices/

submitted that the petitioner made complaint to the District Collector, Villupuram, whereas the competent authority to redress the grievance of the petitioner is the Deputy Superintendent of Police, Villupuram and hence, the petitioner may be directed to give a fresh complaint, so as to enable the authority concerned to take appropriate action. 4.The submission so made by the learned Government Advocate has been agreed upon by the learned counsel for the petitioner. 5.In view of the above, this Court directs the petitioner to submit a fresh complaint / representation to the Deputy Superintendent of Police, Villupuram District, within a period of two weeks from the date of receipt of a copy of this order.

On receipt of the same, the Deputy Superintendent of Police, Villupuram District, shall consider the claim of the petitioner and pass appropriate orders / take action, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner as well as all the necessary parties, within a period of four (4) weeks thereafter. 6.This Writ Petition is disposed of with the above direction. No costs.

s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar av To 1.The District Collector, Office of Collector, Villupuram District.

2.The Deputy Superintendent of Police, Villupuram District.

+1 CC to The Government Pleader sr 32618 +1 CC to Mr.J.R.K.Bhavanantham, Advocate sr 32233. W.P.No.13623 of 2021 UM(CO) SP(13/08/2021) https://hcservices.ecourts.gov.in/hcservices/