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Madras High CourtWP(MD)/1565/2020disposed of

A.Thangadurai v. The District Collector

2020-01-29Honourable Mrs Justice Pushpa Sathyanarayana3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.01.2020

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA and W.M.P(MD)No.1283 of 2020 A.Thangadurai ... Petitioner Vs.

1.The District Collector, Kanyakumari District, Collectorate Building, Nagercoil.

2.The Hindu Religious and Charitable Endowments Represented by its Deputy Commissioner, O/o.Corporated and Unincorporated Thirukovilgal, Suchindram, 3.The Manager, Bhagawathiamman Koil Temple, Kanyakumari District, Kanyakumari.

4.The Superintendent of Police, O/o.Superintendent of Police, Kanyakumari District, Kanyakumari.

5.The Inspector of Police, Kanyakumari Police Station, Kanyakumari.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondents from interfering in the petitioner's avocation engaging two horses to cater to the tourists in Tirveni Sangamam Beach at Cape Comorian in Kanyakumari District.

For Petitioner : Mr.T.Lajapathi Roy 1/3

For R-1, R-4 & R-5 : Mr.Aayiram K.Selvakumar, Additional Government Pleader For R-2 & R-3 : Mr.S.Sathiyasingh

ORDER

Heard the learned counsel appearing on both sides.

2. The writ petition has been filed by the petitioner praying for issuance of a Writ of Mandamus, forbearing the respondents from interfering in the petitioner's avocation by engaging two horses to cater to the tourists in Tirveni Sangamam Beach at Cape Comorian in

3. The case of the petitioner is that he is a self-employed person and he earned his livelihood by letting his two horses to the tourists particularly for children for a short ride in Kanyakumari Beach on the south of Bahavathi Amman Temple. While so, the third respondent is causing hindrance to his avocation. Hence, he has sent a representation to the respondents on 07.01.2010, seeking not to interfere in his avocation and the same is said to be still pending and hence, this writ petition.

4. Considering the limited scope of the prayer sought for, without going into the merits of the case, the Joint Commissioner, HR & CE Department, Suchindram, Kanyakumari District, is directed to consider the representation of the petitioner dated 07.01.2020 and pass appropriate orders on the same, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

With the above direction, the writ petition is disposed of. No Costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) pm 2/3

To:

1.The District Collector, Kanyakumari District, Collectorate Building, Nagercoil.

2.The Hindu Religious and Charitable Endowments Represented by its Deputy Commissioner, O/o.Corporated and Unincorporated Thirukovilgal, Suchindram, 3.The Manager, Bhagawathiamman Koil Temple, Kanyakumari District, Kanyakumari.

4.The Superintendent of Police, O/o.Superintendent of Police, Kanyakumari District, Kanyakumari.

5.The Inspector of Police, Kanyakumari Police Station, Kanyakumari.

+1 CC to M/s.K.SATHIYA SINGH, Advocate ( SR-4000[F] dated 30/01/2020 +1 CC to M/s.T.LAJAPATHY ROY, Advocate ( SR-4153[F] dated 31/01/2020 29.01.2020 JMN(18.02.2020) 3P : 8C 3/3