M. Periasamy, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.10096 of 2018 M.Periasamy ... Petitioner vs.
1. The District Collector Sivagangai District, Sivagangai
2. The District Revenue Officer Sivagangai District, Sivagangai
3. The Revenue Divisional Officer Sivagangai District, Sivagangai
4. The Tahsildar Thiruppuvanam Sivagangai District
5. The Superintendent of Police Sivagangai District, Sivagangai
6. The Deputy Superintendent of Police Manamadurai Sub Division Manamadurai, Sivagangai District
7. The Inspector of Police Thiruppuvanam Police Station Thiruppuvanam Sivagangai District
8. The Executive Officer Thiruppuvanam Special Grade Panchayat Thiruppuvanam, Sivagangai District.
9.Subramanian 10.Moorthi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the
respondents 1 to 8 to take necessary action on the basis of the petitioner's representation, dated 16.04.2018, with regard to celebrating the Temple Festival in the petitioner's Village, namely, Kaliamman Temple, situated at East Street, Thiruppuvanam Pudur Village, Thiruppuvanam, Sivagangai District, to be held on 01.06.2018.
For Petitioner : Mr.K.Sanjai Gandhi For Respondents : Mr.J.Gunaseelan Muthiah Additional Government Pleader for R1 to R7
O R D E R
Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader, takes notice for the respondents 1 to 7. Notice to the respondents 8 to 10 is dispensed with in view of nature of the order to be passed by this Court.
2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 3.
It is the grievance of the petitioner that his representation dated 16.04.2018 seeking for police protection for the festival of Kaliamman Temple, situated at East Street, Thiruppuvanam Pudur Village, Thiruppuvanam, Sivagangai District, scheduled to be held on 01.06.2018 has not been considered by the respondents 1 to 8 till date and therefore, he has filed the present writ petition.
4. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the 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 representation within a stipulated time.
5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the fourth respondent to consider the petitioner's representation dated 16.04.2018 on its own merits and take further action in accordance with law, within a period of two weeks 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 9 and 10 and any other persons who may be interested in the subject matter.
6. With the above direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To:
1. The District Collector, Sivagangai District, Sivagangai.
2. The District Revenue Officer, Sivagangai District, Sivagangai.
3. The Revenue Divisional Officer, Sivagangai District, Sivagangai.
4. The Tahsildar, Thiruppuvanam, Sivagangai District.
5. The Superintendent of Police, Sivagangai District, Sivagangai.
6. The Deputy Superintendent of Police, Manamadurai Sub Division, Manamadurai, Sivagangai District.
7. The Inspector of Police, Thiruppuvanam Police Station, Thiruppuvanam, Sivagangai District.
+ 1 cc TO Mr.D.Anbarasu , Advocate in SR No. 65027 + 1 cc TO The Special Government Pleader in SR No. 65023 krk AE/KKR/SAR4/28.05.2018/3P/10C W.P.(MD) No.10096 of 2018 28.04.2018