Madras High CourtCRL OP(MD)/5295/2018disposed of

Josheph Thangaraj v. The District Collector

2018-04-18Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)No.5295 of 2018 Joseph Thangaraj .. Petitioner Vs.

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Superintendent of Police, Tirunelveli District, Tirunelveli.

3. The District Revenue Officer, Tirunelveli District, Tirunelveli.

4. The Revenue Divisional Officer, Revenue Divisional Office, Thenkasi, Tirunelveli District.

5. The Tahsildar, Taluk Office, Tenkasi, Tirunelveli District.

6. The Inspector of Police, Pavoorchathiram Police Station, Pavoorchathiram, Tirunelveli District.

.. Respondents Petition is filed under Section 482 of the Criminal Procedure Code to direct the revenue respondents to take necessary action under section 133 Cr.P.C. to remove the nuisance and hindrance caused by the taxi drivers to the general public in front of the petitioner's computer center situated at Shop No.14/698 14/699 14/699-3 western side of the RC Church, Thirunelveli Main Road, Pavoor Chathiram, Tirunelveli District with the support of the police respondents on the basis of the petitioner's representation dated 16.03.2018.

For Petitioner : Mr.B.Anandan For R1, R3 to R5 : Mr.P.Kannidevan Additional Government Pleader For R2 & R6 : Mr.K.K.Ramakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking direction to the respondents to take necessary action under section 133 Cr.P.C. to remove the nuisance and hindrance caused by the taxi drivers to the general public in front of the petitioner's computer center situated at Shop No.14/698 14/699 14/699-3 western side or he RC Church, Thirunelveli Main Road, Pavoor Chathiram, Tirunelveli District, on the basis of the petitioner's representation dated 16.03.2018.

2.According to the petitioner, he made a representation dated 16.03.2018 to the respondents to take action against the taxi drivers under Section 133 Cr.P.C., for causing nuisance in front of his computer centre and also to the general public. The said representation is still pending without taking any action. Hence, this Criminal Original Petition is filed before this Court. 3.When the matter is taken up for hearing, the learned counsel appearing for the petitioner submitted that it would suffice, if a direction is issued to the fourth respondent to consider the petitioner's representation dated 16.03.2018. 4.The learned Additional Government Pleader appearing for the respondents 1, 3 to 5 submitted that if the petitioner's representation is pending, the same shall be considered by the fourth respondent.

5.In view of the submissions made by both parties, the fourth respondent is directed to consider the petitioner's representation dated 16.03.2018 and pass orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order, after providing an opportunity of hearing to the interested parties, if any.

6.With the above direction, this Criminal Original Petition is closed.

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar