A.Ismail v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 17.10.2023

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH A.Ismail ... Petitioner Vs

1. The District Collector, Collectorate Office, Thiruvannamalai Dt.

2. The District Revenue Officer, Thiruvannamalai Dt.

3. The Sub-Collector, Cheyyar, Thiruvannamalai Dt.

4. Mohammed Ali

5. Haji Basha ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 3rd respondent herein to dispose the representation dated 23.06.2023, within the stipulated period on merits, as prescribed by the Hon'ble High Court. 1/4

For Petitioner : Mr.G.Thangavel For Respondents : Mr.P.Ananda Kumar (R1 to R3) Government Advocate

O R D E R

Mr.P.Ananda Kumar, learned Government Advocate accepts notice for R1, R2 and R3, being the District Collector, Revenue Divisional Officer and Sub-Collector, Tiruvannamalai District respectively and is armed with necessary instructions to enable final disposal of this matter, even at the stage of admission.

2. In light of the order proposed to be passed by this Court, after hearing the learned counsel for the petitioner and the learned counsel for the official respondents, no notice is thought necessary at this juncture to R4 and R5, being private respondents, whose interests are also taken note of in passing this order.

3. The petitioner claims to be engaged in manufacturing and selling crackers holding a valid license in that regard. The affidavit filed in support of this Writ petition sets out certain grievances as against the private respondents, arrayed as R4 and R5, who according to the petitioner, are engaged in the sale of crackers unauthorisedly.

4. For this reason, the petitioner claims to have made repeated representations with the official respondents seeking appropriate action to be 2/4

initiated as against R4 and R5, who he states are in violation of the undertaking given by them before the Revenue Divisional Officer on 27.05.2005. Since, there has been no action taken on his representation, the petitioner has come forward with this Writ Petition.

5. The affidavit filed in support of this Writ Petition sets out various factual aspects in regard to the alleged unlawful activities of manufacturing and sale of crackers in various places by the private respondents as well as other persons.

6. Bearing in mind the activity complained of, it is necessary that immediate action is taken to verify the allegations made in the complaint and take appropriate action based on the veracity or otherwise of the allegations.

7. Hence, mandamus is issued to the Sub-Collector, Tiruvannamalai District /R3 to issue notice to the petitioner as well as to other individuals who are named in the Writ affidavit, undertake a thorough verification as to whether the activity of manufacturing and sale of crackers is in compliance with all applicable laws, Rules and Regulations and thereafter pass an order on the representation of the petitioner in accordance with law and in compliance with principles of natural justice on or before 07.11.2023 and file compliance report before this Court.

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Dr.ANITA SUMANTH, J.

8. This Writ petition is disposed as above. No costs.

9. List under caption 'for reporting compliance' on 09.11.2023. 17.10.2023 Index : Yes / No Speaking Order/Non-Speaking Order sl Note: Registry is directed to issue order copy on or before 18.10.2023 To

1. The Chief Engineer, TANGEDCO, No.800, Anna Salai, Chennai.

2. The Executive Engineer TANGEDCO No.168/46B, Crescent Avenue Salai, Kesavaperumal puram, Gandhi Nagar, Raja Annamalaipuram, Chennai - 600 020.

3. The Assistant Executive Engineer, TANGEDCO, 5th Street, Padmanabha Nagar, Parameshwari Nagar, Adayar, Chennai - 600 020.

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