Madras High CourtWP(MD)/65/2018disposed of

M.Gurusamy, v. The District Collector,

2018-06-11Honourable Mr Justice M.S. Ramesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.65 of 2018 and W.M.P(MD) No.55 of 2018 M.Gurusamy ... Petitioner vs.

1. The District Collector Virudhunagar District Virudhunagar

2. The Tahsildhar Srivillipudur Taluk Virudhunagar District Virudhunagar

3. Inspector of Police Nathampatti Police Station Virudhunagar District 4.Rajagopal 5.Ganesan 6.Pandi 7.Ramamoorthy 8.Ganesh Pandi 9.Venkatachalam 10.M.Chellaiah 11.V.Ayyanar 12.G.Muthupandi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 to take action against the respondents 4 to 12 village persons who were passed order of ex communication against

petitioner's family at Kattyathevanpatti Village, Moovarai Ventran Village Panchayat, Virudhunagar District based on his representations dated 16.12.2017, 18.12.2017. For Petitioner :

Mr.C.Sakthivel For Respondents 1 to 3 :

Mr.N.Shanmugaselvam Additional Government Pleader For Respondents 4 to 12 : Mr.A.Jayaramachandran

O R D E R

It is the grievance of the petitioner that his representations dated 16.12.2017 and 18.12.2017 seeking to direct the respondents 1 to 3 to take action against the respondents 4 to 12 / village persons, who had excommunicated him, have not been considered by the respondents 1 to 3 till date and therefore, he has filed the present writ petition.

2. This Court has not expressed any of its view with regard to the merits of the representations made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the official respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representations within a stipulated time.

3. In view of the limited prayer sought for in this writ petition, there shall be a direction to the second respondent to consider the petitioner's representations dated 16.12.2017 and 18.12.2017 on its own merits and take further action in accordance with law, within a period of three months from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner as well as to the respondents 4 to 12 and any other persons, who may be interested in the subject matter.

4. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar

To:

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Tahsildhar, Srivillipudur Taluk, Virudhunagar District, Virudhunagar.

3. The Inspector of Police, Nathampatti Police Station, Virudhunagar District.

+ 1 cc TO M/S.N.Shanthi Priya , Advocate in SR No. 67562 krk AE/SV MMS/SAR4/20.06.2018/3P/5C W.P.(MD) No.65 of 2018 and W.M.P.(MD) No.55 of 2018 11.06.2018