S.Jayaraman v. The Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :23.11.2018

CORAM

THE HON'BLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.30933 of 2018 S. Jayaraman .. Petitioner versus

1. The Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

2. The District Collector, Thiruvannamalai District, Office of the District Collector, Thiruvannamalai.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to take appropriate action through 2nd respondent to consider the petitioner representation dated 08.07.2018 according to law.

For Petitioner : Mr.P.Ayyaswamy For Respondents : Mr.V.Shanmugasundar Special Government Pleader

O R D E R

The writ petition has been filed seeking a direction to the first respondent to take appropriate action through second respondent to consider the petitioner's representation dated 08.07.2018.

2. According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 08.07.2018 for taking legal action against the authorities, who have demolished the temple and thrown the idols into carbage, but the same is yet to be disposed of by the respondents. Hence, the petitioner is before this Court.

https://hcservices.ecourts.gov.in/hcservices/

3. Heard Mr.P.Ayyaswamy, learned counsel appearing for the petitioner and Mr.V.Shanmugasundar, learned Special Government Pleader appearing for the respondents.

4. However, on going through the affidavit, though it is stated that the temple constructed by the petitioner on the land belonged to him was demolished, the affidavit does not show any details as to the date of demolition or the persons, who had done the misdeed. It is also not known, whether any complaint is given to the appropriate authorities. In the absence of any such averment in the affidavit and without any supporting documents, simply seeking the relief of mandamus to direct the first respondent to issue a direction to the second respondent and consider his representation is not maintainable. It is open to the petitioner to give a complaint to the appropriate authorities and seek his remedy.

5. With the above observations, the writ petition is dismissed. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rsi To

1. The Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

2. The District Collector, Thiruvannamalai District, Office of the District Collector, Thiruvannamalai.

+1 cc to M/s.P.Ayyasamy, Advocate, SR No.79920 +1 cc to the Government Pleder, SR No.80917 W.P.No.30933 of 2018 bs(co) ssm(20/12/18) https://hcservices.ecourts.gov.in/hcservices/