M.Perumal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.11.2015

CORAM:

THE HON'BLE MR. JUSTICE R. MAHADEVAN W.P.No.35594 of 2015 and M.P.No.1 of 2015 M.Perumal [ Petitioner ] Vs 1 The District Collector Thiruvallur District Thiruvallur 2 The Revenue Divisional Officer Thiruthani Thiruvallur District 3 The Tahsildar Pallipattu Thiruvallur District 4 The Inspector of Police D4 Police Station R.K.Pettai Thiruvallur District [ Respondents] Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the first respondent to consider and dispose of the appeal dated 01.10.2015 within the time frame to be fixed by this Honourable Court.

For petitioner :Mr.C.Munusamy For respondents:Mr.T.N.Rajagopalan, SGP

O R D E R

Heard the learned counsel for the petitioners and the learned counsel Mr.T.N.Rajagopalan, who took notice for the respondents and with their consent, the main writ petition itself is taken up for hearing.

2. This writ petition has been filed seeking a direction to the 1st respondent to consider and dispose of the appeal

dated 01.10.2015 within the time frame to be fixed by this Court.

3. Pursuant to the direction given by this Court in W.P.No.23581 of 2015 dated 18.08.2015 to dispose of the application of the petitioner with regard to release of the vehicle in question, the 2nd respondent has passed an order on 29.08.2015, imposing penalty upon the petitioner. It is the case of the petitioner that he has obtained transfer of quarry lease sanction order from the authorities concerned and when he has taken gravel through his lorry with duly issued Transit Permit from the quarry to Walajah, the lorry was seized without any valid reasons. Aggrieved over the order passed by the 2nd respondent, the petitioner has preferred an appeal before the 1st respondent on 01.10.2015, which is not yet been disposed of till date. Hence, the petitioner is before this Court.

4. The limited prayer of the petitioner is to dispose of the appeal said to have been filed on 01.10.2015 within a time frame.

5. Mr.T.N.Rajagopalan, learned Special Government Pleader counsel appearing for the respondents submitted that the appeal filed on 01.10.2015 would be considered within the time stipulated by this Court.

6. Hence, the 1st respondent is directed to consider and pass orders on the appeal filed by the petitioner on 01.10.2015, on merits and in accordance with law, after affording due opportunity to the petitioner. Such exercise shall be completed within a period of two weeks from today. No costs. Connected miscellaneous petition is closed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar To 1 The District Collector Thiruvallur District Thiruvallur 2 The Revenue Divisional Officer Thiruthani Thiruvallur District 3 The Tahsildar Pallipattu Thiruvallur District

4 The Inspector of Police D4 Police Station R.K.Pettai Thiruvallur District +1 cc to Mr.C.Munusamy Advocate sr.60405 +1 cc to Government Pleader sr.61209 W.P.No.35594 of 2015 aa05/11/2015