Ramadurai, S/O.Narayanan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.01.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN WP (MD) No.1037 of 2018 and WMP(MD)No.1076 of 2018 Ramadurai ... Petitioner Vs.

1. The District Collector, O/o.The District Collectorate,

2. The Assistant Director (Panchayats), O/o.The Assistant Director,

3. The Inspector of Police, Vijayanagaram Police Station, ... Respondents Petition filed under Article 226 Constitution of India to issue a writ of Mandamus directing the respondents to grant permission to unveil the statue of the former Chief Minister of Tamil Nadu Mr.Kamaraj in the petitioner's patta land in S.No.245/1 Kathanadappu Village, Papankulam Post, Nanguneri Taluk, Tirunelveli District within the time period stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.Aayiram K.Selvakumar Additional Government Pleader

ORDER

This writ petition has been filed seeking a direction to the respondents to grant permission to unveil the statue of the former Chief Minister of Tamil Nadu Mr.Kamaraj in the petitioner's patta land in S.No.245/1, Kathanadappu Village, Papankulam Post, Nanguneri Taluk, Tirunelveli District.

2.Heard Mr.T.Lajapathi Roy, learned counsel appearing for the petitioner and Mr.K.Aayiram K.Selvakumar, learned Additional

Government Pleader for the respondents. By consent, the writ petition itself is taken up for final disposal at the stage of admission.

3.The learned counsel appearing for the petitioner submitted that earlier, the petitioner's application for erection of Mr.Kamaraj statue has been rejected by the second respondent. Challenging the same, the petitioner has filed WP(MD)No.9249 of 2015 before this Court and this Court by the order dated 13.07.2015, set aside the order of rejection and directed the second respondent to consider the claim of the petitioner and pass appropriate orders on merits and in accordance with law within a period of six weeks, after affording an opportunity of hearing to the petitioner. Even after issuing such direction, so far, the second respondent did not pass any orders. Hence, this writ petition has been filed.

4.The learned Additional Government Pleader appearing for the respondents submitted that after the order passed by this Court, the petitioner did not make any representation before the second respondent along with the undertaking affidavit as directed by this Court in WP(MD)No.9249 of 2015. Under the said circumstances, the second respondent is not in a position to consider the petitioner's application.

5.Considering the above facts and circumstances, the petitioner is directed to submit a representation before the second respondent along with an undertaking affidavit as directed by this Court within a period of one week from the date of receipt of a copy of this order. On receipt of such representation, the second respondent is directed to consider the same and pass appropriate orders on merits and in accordance with law within a period of two weeks thereafter.

6.With the above direction, this writ petition is disposed of. No costs. Consequently, WMP(MD)No.1076 of 2018 is closed.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To

1. The District Collector, O/o.The District Collectorate, 2.The Assistant Director (Panchayats), O/o.The Assistant Director,

3. The Inspector of Police, Vijayanagaram Police Station, + 1 cc TO Mr.T.Lajapathi Roy , Advocate in SR No. 43043 + 1 cc TO The Special Government Pleader in SR No. 43146 mj AE/KK/SAR3/02.02.2018/3P/6C WP(MD)No.1037 of 2018 19.01.2018