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Madras High CourtWP/23527/2024disposed of with direction

P.N.Ravichandran v. The District Collector

2024-08-19Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.08.2024

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI and WMP.No.25738 of 2024 P.N.Ravichandran

...Petitioner

Vs.

1.

The District Collector, Office of District Collector, Kancheepuram, Kancheepuram District.

2.

The Tashildar, Office of Tashildar Walajabad Taluk, Kancheepuram District.

3.

M/s. Karthik Modern Rice Mill, Rep. By its Proprietor Suresh, Chettiyar Street, Villivalam Mathura, Pendai Village, Kancheepuram District - 631 601. ...Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents one and two to take immediate action against the third respondent as prayed in the representation dated 26/10/2023 by conducting an enquiry.

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For Petitioner : Mr.S.Pugalendhi For Respondents : Mr.U.Baranidharan, AGP, for R1 & R2

ORDER

This Writ petition has been filed by the petitioner seeking direction to the 1st and 2nd respondents to take immediate action against the 3rd respondent by considering the petitioner's representation dated 26/10/2023.

2. Mr.U.Baranidharan, learned Additional Government Pleader takes notice on behalf of the 1st and 2nd respondents. In view of the consent expressed by the learned counsel on either side, this petition is taken up for final disposal at the admission stage itself.

3. Since no adverse order is being passed against the 3rd respondent, notice to the 3rd respondent is dispensed with.

4. The case of the petitioner is that the 3rd respondent rice mill is operated in the residential area without obtaining necessary license, which is causing several damages to the bridge and the houses in the locality 2/5

including the petitioner's house, due to its heavy vehicles usage. Thereby, the petitioner made a representation dated 26.10.2023 before the 1st and 2nd respondents, seeking to conduct enquiry and to take appropriate action against the 3rd respondent. However, till date, no orders have been passed on the petitioner's representation. Hence, the petitioner has come up with this Writ petition.

5. Though very many grounds have been raised, the learned counsel for the petitioner submitted that it would suffice if this Court issues direction to the 1st and 2nd respondents to consider the petitioner's representation dated 26.10.2023 and to consequently take appropriate action against the 3rd respondent, after conducting appropriate enquiry.

6. Learned Additional Government Pleader appearing for the 1st and 2nd respondents submitted that, the petitioner's representation dated 26.10.2023 will be considered and appropriate orders will be passed in accordance with law within the time stipulated by this Court.

7. In view of the aforesaid submissions, this Court without expressing 3/5

any opinion on the merits of the case, directs the 1st and 2nd respondents to consider the petitioner's representation dated 26.10.2023 on merits and in accordance with law and pass appropriate orders on the same within a period of eight weeks from the date of receipt of a copy of this order, after conducting proper enquiry by affording sufficient opportunity of personal hearing to the petitioner and the 3rd respondent.

8. With the above directions, this Writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 19.08.2024 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No To:

1.

The District Collector, Office of District Collector, Kancheepuram, Kancheepuram District.

2.

The Tashildar, Office of Tashildar Walajabad Taluk, Kancheepuram District.

M.DHANDAPANI , J.

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skt and WMP.No.25738 of 2024 19.08.2024 5/5