L.William, v. The District Collector Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH W.P.No.6210 of 2016 L.William .. Petitioner Vs.

1.The District Collector of the Nilgiris Uthagamandalam, The Nilgiris District.

2.The Superintendent of Police Uthagamandalam, The Nilgiris District.

3.The Inspector of Police G-1 Police Sttion 4.K.Shanmugam President Udhagai Auto Drivers and Owners Association Hering Cottage, Lake Road, Uthagamandalam, The Nilgiris.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus to direct the respondents 1 to 3 to give protection to the petitioner in carrying out his occupation in view of his representation dated 01.02.2016 by appreciating the above said facts. For Petitioner : M/s.M.Guruprasad.

For Respondents: M/s.V.Jayaprakash Narayanan, Spl.GP.

O R D E R

With the consent of both sides, the Writ Petition is taken up for final disposal.

2.The petitioner has come up with the present writ petition for issuance of writ of mandamus to direct the respondents 1 to 3 to give protection to the petitioner in carrying out his occupation in view of his representation dated 01.02.2016.

3.The petitioner submits that he is an auto driver by occupation and there is money dispute between the petitioner and one Christopher who is also an auto driver. The Christopher indebted to pay a sum of Rs.25,000/-, even after several request he failed to repay the said amount. The petitioner filed complaint to the 4th respondent regarding the act of said Christopher. The 4th respondent assured that he will look into the issue, in getting back the money from the said Christopher. On 31.01.2016, the 4th respondent, Shantha Kumar/Vice President and Manjunath/Deputy Secretary of the Auto Drivers Association warned the petitioner not to demand money from the Christopher.

4.The fourth respondent started to trouble the petitioner, not permitting the petitioner to ply auto in a free manner and preventing him to stationing the auto in the auto stands. The petitioner made a representation to the 3rd respondent on 01.02.2016 and marked the copy of the same to the respondents 1 and 2. But till the respondents has not taken any action, hence, the petitioner filed the present writ petition.

5.Heard the submissions of learned counsel appearing for the petitioner and the learned Special Government Pleader who accepts notice on behalf of the respondents.

6.In view of the nature of the order that is going to be passed in this writ petition, there is no need for issuing notice to the fourth respondent. This Court, without going into the merits of the same, directs the third respondent to dispose the petitioner's representation dated 01.02.2016 by conducting enquiry on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after affording opportunity of personal hearing to the petitioner as well as to the fourth respondent and also to other necessary parties, if any.

7.The writ petition is disposed of accordingly. No costs.

tsh Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The District Collector of the Nilgiris

2.The Superintendent of Police 3.The Inspector of Police G-1 Police Sttion 4.K.Shanmugam President Udhagai Auto Drivers and Owners Association Hering Cottage, Lake Road, Uthagamandalam, The Nilgiris.

+ 1 CC TO M/s.M.Guruprasad, ADVOCATE SR 11281 + 1 CC TO THE GOVT.PLEADER, SR 11082 KR/4/3/16 W.P.No.6210 of 2016