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Madras High CourtWP/14427/2024disposed of

Baskaran v. The District Collector

2024-05-30Honourable Mr Justice S. Sounthar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.05.2024

CORAM

THE HON'BLE MR. JUSTICE S. SOUNTHAR Baskaran ..Petitioner

Versus

1.The District Collector Collectorate Campus Salem

2. The Superintendent of Police Nethimedu, Salem.

3. The Tahsildar Yercaud Taluk Salem District

4. The State, Represented by The Inspector of Police Yercaud Police Station Salem.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus direct the 4th respondent to consider the petitioner's representation dated 16.05.2024 and further

direct the 4th respondent to remove the lock and seal affixed in the petitioner residential property in S.No. 15/20 in Kombaikadu Village in Yercaud Taluk, Salem and within the Sub-Registration of Yercaud. For Petitioner : Mr.M.Premkumar For RR 1 to 4 : Mr.S. Sugendran Additional Public Prosecutor ----

O R D E R

Mr.S. Sugendran, learned Additional Public Prosecutor takes notice on behalf of the respondents 1 to 4.

2. This Writ Petition is filed seeking a direction to the 4th respondent to consider the petitioner's representation dated 16.05.2024 and further direction to the 4th respondent to remove the lock and seal affixed in the petitioner residential property in Survey Number. 15/20 in Kombaikadu Village in Yercaud Taluk, Salem and within the SubRegistration of Yercaud.

3. According to the petitioner, he is the owner of the property in S.No.15/20 in Kombaikadu Village in Yercaud Taluk, Salem and within the Sub-Registration of Yercaud. The property of the petitioner was sealed by the third respondent/Tahsildar on the ground that there was some illegal activities committed by the petitioner. According to the petitioner, he has not committed any illegal activities on the premises of the petitioner and therefore, he submitted a representation to the respondents on 16.05.2024 for the removal of lock and seal affixed in his residential property in S.No.15/20 in Kombaikadu Village, Yercaud Taluk, Salem and within the Sub Registration of Yercaud, but the respondents have not considered the representation of the petitioner dated 16.05.2024. Hence, the petitioner has come forward with the present writ petition under Article 226 of the Constitution of India.

4. Having regard to the limited scope of the prayer that is now sought for in this writ petition and taking into account the submissions made on either side, without expressing any opinion on the merits of the petitioner's representation, the Writ Petition is disposed of, with a direction to the 3rd respondent to consider the petitioner's representation

dated 16.05.2024 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity to the petitioner within a period of two weeks from the date of receipt of a copy of this order. No costs.

30.05.2024 Index:Yes / No Speaking / Non-Speaking order MSM To 1.The District Collector Collectorate Campus, Salem

2. The Superintendent of Police Nethimedu, Salem.

3. The Tahsildar Yercaud Taluk, Salem District

4. The Inspector of Police Yercaud Police Station, Salem.

S. SOUNTHAR, J MSM W.P.No.14427 of 2024 30.05.2024