Mohanram P v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE P.Mohanram ... Petitioner Vs.

1.The District Collector, The Collectorate Office, Korampallam, Thoothukudi, Thoothukudi District - 628 101.

2.The Superintendent of Police, O/o. The Superintendent of Police, Korampallam, Thoothukudi, Thoothukudi District - 628 101.

3.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Tiruchendur, Thoothukudi District - 628 101.

4.The Tashildar, O/o. The Talk Office, Tiruchendur, Thoothukudi District - 628 101.

5.T.Shanmuga Santhosa Pandian ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 31.01.2022 and further direct the respondents to conduct a peace committee meeting between the fifth respondent and representatives of the locality so as to ensure the reconstruction of the Temple to be done within a stipulated time period in the interest of the safety of the devotees and the greater good of the general public.

For Petitioner : Mr.V.Rajiv Rufus For Respondents 1 to 4 : Mr.M.Lingadurai Special Government Pleader 1/3

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the official respondents to consider the petitioner's representation dated 31.01.2022 and pass orders accordingly. 2.According to the petitioner, he is a native of the Village where he proposes to construct a temple. According to him he has given a representation on 31.01.2022 to all the official respondents seeking permission to construct a temple at Poochikadu Village, Pallipathu Revenue Village, Tiruchendur Taluk, Thoothukudi District. However, according to the petitioner some of the villagers including the fifth respondent have protested for the construction of the temple. In such circumstances the petitioner has given a representation dated 31.01.2022 to all the official respondents seeking permission to construct a temple.

Since the respondents have not been considered till date, this writ petition has been filed. 3.Heard Mr.V.Rajiv Rufus, learned Counsel for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader who accepted notice on behalf of respondents 1 to 4. 4.On instructions, learned Special Government Pleader submits that a Peace Committee Meeting is scheduled to take place on 10.02.2022 at 03.00 p.m. The said statement is recorded. 5.No prejudice would be caused to the respondents if the petitioner's representation dated 31.01.2022 is considered on merits and in accordance with law after hearing all the necessary parties including the petitioner as well as the fifth respondent who has opposed the construction of the temple.

6.Accordingly, this Court directs the fourth respondent to consider the petitioner's representation dated 31.01.2022 seeking permission to construct a temple at the aforementioned Village and pass orders on merits and in accordance with law, after hearing all the necessary parties including the fifth respondent within a period of eight [8] weeks from the date of receipt of a copy of this order. 7.With the aforesaid direction, the writ petition stands disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) MR 2/3

NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, The Collectorate Office, Korampallam, Thoothukudi, Thoothukudi District - 628 101.

2.The Superintendent of Police, O/o. The Superintendent of Police, Korampallam, Thoothukudi, Thoothukudi District - 628 101.

3.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Tiruchendur, Thoothukudi District - 628 101.

4.The Tashildar, O/o. The Talk Office, Tiruchendur, Thoothukudi District - 628 101.

+1 CC to M/s.SPL GP ( SR-4759[F] dated 08/02/2022 ) +1 CC to M/s.V.RAJIV RUFUS, Advocate ( SR-4905[F] dated 08/02/2022 ) 07.02.2022 RD(16.02.2022) 3P 7C 3/3