Madras High CourtWP/30416/2025disposed of

C.Senthil v. The District Collector

2025-08-18Honourable Mrs.Justice N. Mala7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-08-2025

CORAM

THE HONOURABLE MRS.JUSTICE N. MALA

1. C.Senthil S/o.Chinnusamy, No.6/65, Police Station Street, Veeraganur, Salem District, Tamil Nadu-636 116.

Petitioner(s) Vs

1. The District Collector Salem District.

2.The District Revenue Officer Salem District.

3.The Assistant Director Of Panchayat, Collector Office Campus, Salem.

4.The Assistant Director Of Animal Husbandry And Veterinary Services, The Assistant Director Of Animal Husbandry And Veterinary Department, Salem.

5.The Executive Officer Veeraganur Town Panchayat, Thalaivasal Taluk, Salem District.

6.The Executive Officer Thedavur, Gangavalli Taluk, Salem District.

7.N.Velu S/o.Nallamuthu Padaiyachi, No.486/2, 488/4, South Manaikadu, Thedavur Village, Gangavalli Taluk, Salem District.

Respondent(s) PRAYER Writ petition filed under Article 226 of the Constitution praying for issuance of a writ of mandamus directing the 1st respondent and 6th respondent to take appropriate legal action on the private market which is running illegally at survey Nos.77 and 78 of Thedavur village, Gangavalli taluk of Salem District within a stipulated time period as prescribed by this Court. For Petitioner(s):

R.Mugunthan M.Abinash K.Vishal R.Jawahar M.Kaushal For Respondent:

Mr.M.Shajakhan, Spl.GP for RR 1 to 4 Mr.S.Rajesh, GA for RR5&6

ORDER

Mr.M.Shajakhan, learned Special Government Pleader accepts notice on behalf of the respondents 1 to 4. Mr.S.Rajesh, learned Government Advocate, accepts notice on behalf of the respondents 5 and 6. With the consent of the learned counsels on either side, the writ petition itself is taken up for final disposal at the admission stage.

2.Notice to the 7 th respondent is dispensed with as no adverse orders are passed against the 7 th respondent.

3.The writ petition is filed for a mandamus directing the 1st respondent and 6th respondent to take appropriate legal action on the private market which is running illegally at survey Nos.77 and 78 of Thedavur village, Gangavalli taluk of Salem District within a stipulated time period to be fixed by this Court. 4.The petitioner is a resident of Veeraganur Town and was elected as a Working Member representing Ward No.5 in Veeraganur Town Panchayat pursuant to the Local Body Elections held in the year 2022. The petitioner states that in Veeraganur Town in Thalaivasal Taluk, an Animal Market - ''Aadu Maadu Sandhai'' was being conducted for more than five decades with all

requisite permissions and approval from the competent authorities. While so, one Mr.N.Velu, a resident of Thedavur Village, Gangavalli Taluk, Salem District, the Panchayat President of the said village, was illegally conducting an unauthorised Animal Market-''Aadu Maadu Sandhai'' on the Government land bearing S.Nos.77 and 78 of Thedavur Village, Gangavalli Taluk, Salem District. According to the petitioner, S.No.77 was classified as ''Odai Poramboke'' which is a water body and highly objectionable land and S.No.78 is classified as Local Fund Road used by the public. The petitioner submits that since an illegal private Market was being conducted in violation of the Tamil Nadu Panchayats Act, 1994, and the provisions of the Prevention of Cruelty to Animals Act, 1960, the petitioner submitted a representation on 28.07.2025, complaining of the illegal functioning of the unauthorised Market by the 7 th respondent and since no action was taken, the petitioner filed the above writ petition for the aforesaid relief.

5.The learned counsel for the petitioner submits that though the petitioner has prayed for a larger relief, it would suffice if a direction is issued to the 6 th respondent to consider the petitioner's representation dated 28.07.2025, within a

stipulated time period.

6.Heard the learned counsels on either side and perused the materials placed on record.

7.Under the facts and circumstances of the case and in view of the limited prayer of the learned counsel for the petitioner, a direction is issued to the 6 th respondent to consider and pass orders on the petitioner's representation dated 28.07.2025, on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. It is needless to state that the 6 th respondent shall afford an opportunity of hearing to the petitioner as well as the th respondent while considering the petitioner's representation. 8.The writ petition is disposed of with the above direction. No costs. 18-08-2025 AP Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Collector Salem District.