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Madras High CourtWP(MD)/6962/2013disposed of

T.Loordhu Arulprakash, v. The District Collector,

2019-07-17Honourable Dr Justice Anita Sumanth2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2019

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P(MD)No.6962 of 2013 T.Loordhu Arulprakash ... Petitioner /Vs./ 1.The District Collector, Tirunelveli.

2.The Revenue Divisional Officer, Tirunelveli. 3.The Zonal Deputy Tahsildar, Palayamkottai.

4.The Revenue Inspector, Palayamkottai, Tirunelveli.

5.The Village Administrative Officer, Melappalayam Village, Palayamkottai Taluk, Tirunelveli District.

6.The Inspector of Police, Melappalayam Police Station, Tirunelveli District.

... Respondents PRAYER :

Writ Petition - filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the respondents 2 to 5 to pay the compensation of Rs. 6,21,500/- with 12% interest for the damages caused by them to the petitioner for their unauthorized seizure of the petitioner's vehicles while in progress to remove red soil in S.No. 334/1A1, 1A2, situated at Melapalayam Village, Palayamkottai Taluk, Tirunelveli District by the order of 1st respondent dated 24.09.2012 and pass such further or other orders.

For Petitioner : Mr.I.Suthakaran For Respondents : Mr.A.Thiyagarajan Government Advocate

ORDER

The petitioner prays for a Mandamus, directing respondents 2 to 5 to pay compensation of a sum of Rs.6,21,500/- along with interest at the rate of 12% for alleged damage caused by them on account of the unauthorized seizure of his vehicles while removing red soil in S.No. 334/1A1, 1A2, situated at Melapalayam Village, Palayamkottai Taluk, Tirunelveli District, as ordered by the first respondent on https://hcservices.ecourts.gov.in/hcservices/

24.09.2012.

2. Various allegations have been made by the writ petitioner and a detailed counter has also been filed by the second respondent negating the allegations made and offering explanations thereto.

3. However, in the light of the admitted position that the petitioner has filed a representation before all the respondents raising identical grievances as raised in this writ petition, [the said representation admittedly received, but yet pending], it would suffice that the representation be directed to be disposed of by the concerned authority.

4. A mandamus is thus issued to the second respondent, the Revenue Divisional Officer, who is the competent person to hear and dispose the application, to grant an opportunity of personal hearing to the petitioner and dispose the pending representation dated 22.03.2013, within a period of six months from today.

5. This Writ Petition is disposed of in the aforesaid terms. No costs.

Sd/- Assistant Registrar (Records) // True Copy // Sub Assistant Registrar(CS) To 1.The District Collector, Tirunelveli.

2.The Revenue Divisional Officer, Tirunelveli. 3.The Zonal Deputy Tahsildar, Palayamkottai.

4.The Revenue Inspector, Palayamkottai, Tirunelveli.

5.The Village Administrative Officer, Melappalayam Village, Palayamkottai Taluk, Tirunelveli District.

6.The Inspector of Police, Melappalayam Police Station, Tirunelveli District. +1cc to Mr. I.SUTHAKARAN,Advocate, SR.No. 75808 +1cc to M/s.Special Government Pleader,SR.No. 75957 W.P(MD)No.6962 of 2013 17.07.2019 SM KK/SAR/19.07.2019/2P-9C https://hcservices.ecourts.gov.in/hcservices/