M.Selvaraj v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.09.2024

CORAM:

THE HON'BLE MR.D.KRISHNAKUMAR ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI W.P.No.26630 of 2024 and W.M.P.No.29148 of 2024 M.Selvaraj ... Petitioner -vs1. The District Collector, Coimbatore District.

2. The Sub-Collector, Pollachi, Coimbatore District.

3. The Block Development Officer, Pollachi, Coimbatore District.

4. The President, Unjavelampatti Village Panchayat, Pollachi, Coimbatore District.

5. M.Sakthivel ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the Respondents 1 to 4 to take necessary action to close down the illegal and unauthorized Grill Workshop run by the 5th respondent under the name and style "Sri Vinayaga Grill Works" in the residential area in Sri Selvaganapathy 1/4

Nagar, Unjavelampatti, Dharapuram Road, Pollachi. For Petitioner :

Mr.L.Mouli For R1 to R4 :

Mr.T.K.Saravanan Govt. Advocate *****

O R D E R

(By the Hon'ble Acting Chief Justice) This Writ Petition has been filed for a direction to the Respondents 1 to 4 to take necessary action to close down the illegal and unauthorized Grill Workshop run by the 5th respondent under the name and style "Sri Vinayaga Grill Works" in the residential area in Sri Selvaganapathy Nagar, Unjavelampatti, Dharapuram Road, Pollachi.

2. Mr.T.K.Saravanan, learned Government Advocate takes notice for the respondents. Notice to R5 is dispensed with, as no adverse order is going to be passed against him. By consent, the Writ Petition itself is taken up for final disposal at the admission stage.

3. It is the case of the petitioner that he had sent a representation dated 13.03.2024 to various Officials respondents for taking action against the illegal and unauthorized Grill Workshop run by the 5th respondent under the name and style "Sri Vinayaga Grill Works" in the residential area in Sri Selvaganapathy Nagar, 2/4

Unjavelampatti, Dharapuram Road, Pollachi. Though the said representation was forwarded by the 2nd respondent to the 3rd respondent vide Oo.Mu.No.1180/2024/A2 on 03.05.2024 with a copy to concerned Tahsildar for taking action, there was no progress on the issue of re-locating the Workshop. Hence, the petitioner is before this Court.

4. Learned Government Advocate appearing for the respondents stated that the 4th respondent is the competent authority to look into the issue and a reasonable time may be granted to the 4th respondent for considering and passing appropriate orders on the representation of the petitioner.

5. Considering the facts and circumstances of the case and also taking into account the limited scope of the relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the 4th respondent to consider the representation dated 13.03.2024 of the petitioner and pass appropriate orders thereon on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner, R5 and other interested parties, if any.

HON'BLE ACTING CHIEF JUSTICE, AND P.B.BALAJI,J., ar

6. With the above direction, this Writ Petition is disposed of. No costs. 3/4

Consequently, connected Miscellaneous Petition is closed. [D.K.K.,ACJ.] [P.B.B,J.] 13.09.2024 Index: Yes / No Internet: Yes / No Speaking Order/Non Speaking Order ar To:

1. The District Collector, Coimbatore District.

2. The Sub-Collector, Pollachi, Coimbatore District.

3. The Block Development Officer, Pollachi, Coimbatore District.

4. The President, Unjavelampatti Village Panchayat, Pollachi, Coimbatore District.

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