Gangatharan v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2025
CORAM
THE HONOURABLE MR.JUSTICE P.DHANABAL Gangatharan ... Petitioner Vs.
1.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Karur.
2.The Tahsildar, Pugalur Taluk Office, Pugalur, Karur District.
3.The Inspector of Police, Thennilai Police Station, Karur District.
4.Ponnusamy ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent to consider the petitioner's representation, dated 16.02.2025 and to implement the order passed by the second respondent in A3/305/2025, dated 31.01.2025 and consequently direct the fourth 1/7
respondent to make alternative arrangement to form a temporary Car parking, dining hall and toilet and pass such further or other orders as this Court.
For Petitioner : Mr.K.Arunraj For R-1 & R-2 : Mr.M.Senthil Ayyanar Government Advocate For R-3 : Mr.R.M.Anbunithi Additional Public Prosecutor
ORDER
The present petition has been filed for issuance of Writ of Mandamus directing the third respondent to consider the petitioner's representation, dated 16.02.2025 and to implement the order passed by the second respondent in A3/305/2025, dated 31.01.2025 and consequently direct the fourth respondent to make alternative arrangement to form a temporary Car parking, dining hall and toilet.
2. According to the petitioner, the properties situated in S.Nos.965, 966 and 983/A of Thennilai Village are belong to the petitioner, one Deepa, fourth respondent Ponnusamy and one Abimanyu and there is a 2/7
dispute pending between the petitioner and the fourth respondent in respect of those lands. Thereby, a suit in O.S.No.38 of 2025 is pending before the Principal District Munsif Court, Karur. Now Arulmigu Sri Selvavinayagar and Sri Bagavathiyamman Temple Mahakumbabishegam is scheduled to be held on 02.03.2025. For that, the said Ponnusamy (i.e.,) the fourth respondent offered the said land for the use of public to fix temporary Car parking, dining hall and toilet in order to cause damages to the common pathway, Well and other channels. Therefore, the petitioner already sent a representation to the Pugalur Taluk Office, Tahsildar and the same was considered by him and he sent a letter to the Inspector of Police to take appropriate action. Even after that, the fourth respondent taking steps to form temporary dining hall, toilet and parking to the said Kumbabishegam festival. Therefore, the petitioner sent a representation on 16.02.2025 to implement the order of the second respondent, dated 31.01.2025 but the same has not been considered by the third respondent. Hence, the petition.
3. The learned Government Advocate appearing for the respondents 1 and 2 would submit that the petitioner sent a 3/7
representation to the second respondent on 23.01.2025 and the same was forwarded to the third respondent for taking necessary action. Therefore, it is for the third respondent to take appropriate action.
4. The learned Additional Public Prosecutor appearing for the third respondent would submit that they received the letter from the second respondent to take action in respect of the request of the petitioner, dated 23.01.2025 and apart from that, the petitioner also sent a representation, dated 16.02.2025 and the same is also under consideration and they will consider the representation of the petitioner and will dispose within one week.
5. Since the property dispute is pending between the petitioner and the fourth respondent and the suit is also pending in respect of the property, the parties can seek appropriate remedy in the pending suit. However, now the petitioner without any documents to show that, who attempted to fix temporary dining hall, toilet and parking in the said property approached this Court and if at all, the petitioner aggrieved by any action done by the individuals, the petitioner can seek appropriate 4/7
remedy before the concerned Court, where the case is pending. However, the third respondent admitted the pendency of the representation of the petitioner, dated 16.02.2025 for enquiry. Thereby, it is for the third respondent to consider the representation and dispose of the same, within a period of one (1) week from the date of this order.
6. Accordingly, this writ petition stands disposed of. There shall be no order as to costs.
20.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR Note: Issue order copy on 21.02.2025.
To 1.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Karur.
2.The Tahsildar, Pugalur Taluk Office, Pugalur, Karur District.
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3.The Inspector of Police, Thennilai Police Station, Karur District.
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P.DHANABAL, J.
BTR 20.02.2025 7/7