K.Vasanthi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.07.2023
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.21229 of 2023 and W.M.P.No.20643 of 2023 K.Vasanthi
...Petitioner
Vs.
1.The District Collector, The District Collectorate Office, Mayiladuthurai.
2.The Tahsildar, Tahsildar Office Kuthalam Taluk, Kuthalam.
3.The Village Administrative Office, Komal East Revenue village, Komal, Komal,Kuthalam Taluk.
4.The President, The Village Panchayat Union Office, Komal,Kuthalam Taluk.
5.The Secretary, The Village Panchayat Union Office, Komal,Kuthalam Taluk.
...Respondents
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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to consider the representation dated 17.03.2023 given by the petitioner. For Petitioner : Mr.S.R.Hemkumar For Respondents 1 to 3 & 5 : Mrs.S.Anitha, Special Government Pleader For respondent 4 :Mrs.V.Yamunadevi Special Government Pleader
O R D E R
The petitioner has come up with this writ petition seeking a direction to the respondents 1 to 5 to consider the representation dated 17.03.2023 and pass orders in accordance with law.
2. It is stated by the petitioner that she has been engaged in saw mill business from the year 2014. According to the petitioner, she also obtained permission from the competent authority for running the saw mill. It is further stated that the petitioner is also paying necessary tax to the 4th respondent panchayat.
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3. It is further stated by the petitioner that the 4th respondent directed her to vacate the premises in which the petitioner is carrying on her saw mill business. The same will have the effect of depriving the livelihood of the petitioner. Therefore, the petitioner submitted a representation to the 4th respondent on 17.03.2023 requesting 4th respondent to permit the petitioner to continue the business in the very same place.
4. Mrs.S.Anitha, learned Special Government Pleader takes notice for the respondents 1 to 3 and 5. Mrs.V.Yamunadevi, learned Special Government Pleader takes notice for the 4th respondent. The learned counsel for the respondents submitted that the saw mill of the petitioner is located in residential area of the village. Since the 4th respondent received complaints from the residents regarding the pollution caused by the saw mill, the 4th respondent was constrained to direct the petitioner to vacate the same. 5.Now, the petitioner has submitted a representation to the 4th respondent making a request to permit her to continue the saw mill in the very same place where she has been carrying on business from the year 2014. 3/6
6. In view of the limited prayer made by the writ petitioner, without expressing any opinion on the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the 4rd respondent to consider the petitioner's representation dated 17.03.2023 and pass orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.
7. With the above directions, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 19.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr 4/6
To 1.The District Collector, The District Collectorate Office, Mayiladuthurai.
2.The Tahsildar, Tahsildar Office Kuthalam Taluk, Kuthalam.
3.The Village Administrative Office, Komal East Revenue village, Komal, Komal,Kuthalam Taluk.
4.The President, The Village Panchayat Union Office, Komal,Kuthalam Taluk.
5.The Secretary, The Village Panchayat Union Office, Komal,Kuthalam Taluk.
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S.SOUNTHAR , J.
nr W.P No.21229 of 2023 and W.M.P.No.20643 of 2023 19.07.2023 6/6