A.Sathish v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.10.2022 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR A.Sathish .. Petitioner Vs 1.The District Collector, Tiruvannamalai District, Tiruvannamalai.

2.The Superintendent of Police, Thiruvannamalai District.

3.The Tahsildar, Chengam Taluk Office, Tiruvannamalai District.

4.The Inspector of Police, Tiruvannamalai Taluk Police Station, Tiruvannamalai District.

5.Sivakumari 6.Sundari 7.Muniyammal @ Kalvi 8.Alamelu .. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 4 to pass orders on the petitioner's representations dated 11.07.2022 and 18.08.2022 within a stipulated period.

For the Petitioner : Mr.V.Elango For the Respondents : Mr.P.Muthukumar State Government Pleader for respondent Nos.1 to 4

ORDER

(Order of the court was made by the Hon'ble Acting Chief Justice) A.Sathish, son of Arumugam, has filed this writ petition seeking issuance of a writ of mandamus directing respondents 1 to 4 to pass orders on the petitioner's representations dated 11.07.2022 and 18.08.2022.

2. When the matter was taken up, Mr.P.Muthukumar, learned State Government Pleader appearing on behalf of respondents 1 to 4, submitted a detailed counter-affidavit filed by the Inspector of Police, Tiruvannamalai Taluk Circle, Tiruvannamalai. The relevant paragraphs of the said counter-affidavit are reproduced hereunder:

"4. It is further submitted that on receiving information, I immediately went to Vadamathur Village with my subordinate police and visited the scene of occurrence by referring the video footage sent by the petitioner and I investigated the matter. When I rushed to the SOC, all the accused had fled away from the scene.

Later on 18.09.2022, I received information about the arrival of accused. Immediately, I along with my subordinate Police Officials rushed to Vadamathur Village on 18.09.2022, 19.09.2022 and on 20.09.2022 consecutively and caught the accused red-handed and registered FIR against the accused 1. Sundari W/o Karthikeyan, 2. Suryakala W/o Elumalai, 3. Muniyammal W/o Kalvi, 4. Mari S/o Kulanthai, 5. Avinkumar, the details of which are as follows:

S.No.

Cr.No.

Section of Law Date of FIR Name of the accused 547/2022 4(1)(a) TNP Act 18.09.2022 Mari W/o Kulanthai 546/2022 4(1)(a) TNP Act 18.09.2022 Avin kumar S/o Elumalai 550/2022 4(1)(a) TNP Act 19.09.2022 Muniyammal W/o Kalvi 553/2022 4(1)(a) TNP Act 20.09.2022 Karthikeyan S/o Solai Thereafter the accused had also given a letter admitting to the fact of selling arrack and further undertook not the (sic "to") sell the same in the future.

5. It is submitted that the following cases have been

registered against the private respondents.

S.No.

Cr.No.

Section of Law Date of FIR Name of the accused 167/2022 4(1)(a) TNP Act 28.02.2022 Barkath S/o Alla Basha 185/2022 4(1)(a) TNP Act 06.03.2022 Muniyammal W/o Kalvi 256/2022 4(1)(a) TNP Act 24.03.2022 Karthikeyan S/o Solai 460/2022 4(1)(a) TNP Act 04.08.2022 Muniyammal W/o Kalvi It is submitted that the answering respondent has already taken appropriate steps by filing the said FIR and final report is also likely to be filed within a period of six weeks. It is further submitted that effective steps are being taken continuously to prevent any unauthorized selling in the future."

3. Since action has been initiated by the respondent authorities, no further orders are required to be passed in this writ petition and the same is accordingly closed. There will be no order as to costs. Before parting, we place on record our appreciation for the efforts put in and the gallantry shown by the petitioner for bringing to the notice of this court the sale of arrack in a grocery shop. (T.R., ACJ.) (D.K.K., J.) 13.10.2022

Index : No sasi To:

1.The District Collector, Tiruvannamalai District, Tiruvannamalai.

2.The Superintendent of Police, Thiruvannamalai District.

3.The Tahsildar, Chengam Taluk Office, Tiruvannamalai District.

4.The Inspector of Police, Tiruvannamalai Taluk Police Station, Tiruvannamalai District.

T.RAJA, ACJ.

AND D.KRISHNAKUMAR,J.

(sasi) 13.10.2022