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Madras High CourtWP/3952/2014closed

V.S.Enterprises v. The District Collector

2021-08-23Honourable Mr Justice R. Mahadevan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.NOS.3952 & 23147 OF 2014 AND MP.NO.1 OF 2014 V.S.Enterprises, Rep.by its Managing Partner, V.Gunasekaran, No.14/1, 134, V.S.Arcade, Pudhusampalli, ... Petitioner in WP.No.3952 of 2014 K.P.Syed Firose

...Petitioner in WP.No.23147 of 2014

Vs 1.The District Collector, Salem District, Salem.

2.Revenue Divisional Officer, Mettur Revenue Division, Mettur Dam, Salem District.

3.The Tahsildar, Mettur Taluk, Mettur Dam, 4.The Superintendent of Police, Salem, Salem District.

5.The Deputy Superintendent of Police, Mettur Division, Mettur Dam,

6.The Inspector of Police, Karumalai Koodal Police Station, Mettur Dam - 3,

...Respondents in both WPs

7.S.Kumar 8.A.Balasubramaniam 9.A.Subbulakshmi 10.I.Indra Ganthi 11.K.Palanisamy 12.T.Tharmaraj 13.Shanmugam 14.K.Ranganathan 15.T.S.Visalatchi 16.B.Kurushith Beham 17.R.Kuppulakshmi 18.Ajeema 19.R.Mahalingam 20.Jayaseeli 21.A.Mariananthan 22.Mohan (Respondents 7 to 22 impleaded as per order dated 06.02.2015 in MP.No.1 of 2015 in WP.No.3952 of 2014) 23.Mettur Textiles, Mills Quarters Residents Welfare Society, Represented by its Secretary, Mr.R.Elangovan, LGC-1, Mill Quarters, Salem Camp, (23rd Respondent impleaded as per order dated 11.08.2015 in MP.No.2 of 2015 in WP.No.3952 of 2014)

...Respondents in WP.No.3952 of 2014

7.A.Joseph 8.R.Palaniammal 9.S.Arumugam 10.M.S.Sandhappan 11.M.Jaharabeebi 12.R.Jayakumar 13.R.Krishnaveni

14.B.Ravi 15.B.Sarojini 16.A.Gnanamani 17.S.Sikkandar Ali 18.N.Ranganathan 19.Valliammal 20.A.Murugavel 21.M.Vasantha 22.B.thamizudeen 23.S.Matheswaran 24.S.Rajamanickam 25.P.Subbaiyan 26.Aprosebegam 27.Mohamedali 28.T.Asaithambi 29.Y.Benjamin 30.S.David 31.R.Jaganmohan 32.K.C.Anthonisamy (Respondents 7 to 32 impleaded as per order dated 06.02.2015 in MP.No.1 of 2015 in WP.No.23147 of 2014) 33.Mettur Textiles, Mills Quarters Residents Welfare Society, Represented by its Secretary, Mr.R.Elangovan, LGC-1, Mill Quarters, Salem Camp, (33rd Respondent impleaded as per order dated 15.09.2015 in MP.No.2 of 2015 in WP.No.23147 of 2015)

...Respondents in WP.No.23147 of 2014

Prayer in WP.No.3952 of 2014 : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents 4 to 6 to provide police protection to the petitioner by considering representation dated 14.03.2013 and 25.01.2014 respectively within stipulated time. Prayer in WP.No.23147 of 2014 : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents 4 to 6 to provide police

protection to take possession of the petitioner's property in Survey Nos.52/2,53/3 50/10,50/18,50/20, Ward C Block 4,5 and 6 (New T.S.No.2,3,10,18 & 20) total an extent of 14.70 acres at Salem Camp, Mettur Taluk, Salem District by considering the petitioner's representation dated 27.03.2014 and 13.08.2014 respectively within stipulated time.

In WP.No.3952 of 2014 For Petitioner :

Mr.K.Balu For R1 to R6 :

Mr.G.Krishnaraja, Government Counsel For R7 to R23 :

R.Thamaraiselvan In WP.No.23147 of 2014 For Petitioner :

Mr.M.R.Jothimanian For R1 to R6 :

Mr.G.Krishnaraja, Government Counsel For R7 to R33 :

R.Thamaraiselvan COMMON ORDER Today, when these matters were taken up for consideration, the learned counsel for the petitioners, on instructions, submitted that subsequent to the filing of these writ petitions, the claim of the petitioners was considered and possession of the property was taken and hence, liberty may be granted to the petitioners to approach the authority concerned with a fresh representation and on such approach, the authority concerned may be directed to dispose of the same, on merits. 2.The learned Government counsel appearing for the respondents has no serious objection for granting such relief to the petitioners.

3.In view of the limited relief now sought by the learned counsel for the petitioners, which has also not been seriously opposed on the side of the respondents, these writ petitions

stand disposed of, granting liberty to the petitioners to submit a fresh representation indicating all grievances with supportive documents to the authority concerned, within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation, the authority concerned shall consider the same and pass appropriate orders, on merits and in accordance with law, within a period of three (3) weeks thereafter. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-VII) // True Copy // Sub Assistant Registrar av To 1.The District Collector, Salem District, Salem.

2.Revenue Divisional Officer, Mettur Revenue Division, Mettur Dam, 3.The Tahsildar, Mettur Taluk, Mettur Dam, 4.The Superintendent of Police, Salem, 5.The Deputy Superintendent of Police, Mettur Division, Mettur Dam,

6.The Inspector of Police, Karumalai Koodal Police Station, Mettur Dam - 3, +1cc to M/s.M.R.Jothimanian, Advocate SR.No.42030 +1cc to the Government Pleader SR.Nos.42321 & 42318 W.P.Nos.3952 & 23147 of 2014 SJ(CO) RVM(05/10/2021)