L.Saravanapandiyan v. The Additional Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.9273 of 2018 and W.M.P.(MD) No.8586 of 2018 L.Saravanapandiyan ... Petitioner vs.
1.The Additional Director Department of Civil Works and Estates (RD-28) Defence Research and Development Organization 'A' Wing, DRDO Bhawan Rajaji Marg, New Delhi-110 011 2.The Estate Manager Estate Management Unit (R&D) Aavadi, Chennai-600 054 3.The District Collector Office of the District Collector Ramanathapuram District Ramanathapuram 4.The Deputy Superintendent of Police Office of the Deputy Superintendent of Police Rameswaram Sub-Division Ramanathapuram District 5.The Inspector of Police Thangachimadam Police Station Ramanathapuram District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 to permit the petitioner's wife Megalakumari and his nephew P.Murugavel continue to take professional instant photographs at former President Dr.A.P.J.Abdulkalam Memorial at Peikarumbu in Rameswaram.
For Petitioner : Mr.S.Malaikani For Respondents : Mr.H.Lakshmishankar, Standing Counsel for R1 Mr.S.Nagarajan Special Government Pleader for R3 to R5
O R D E R
Mr.H.Lakshmishankar, learned Standing Counsel takes notice for the first respondent and Mr.S.Nagarajan, learned Special Government Pleader, takes notice for the respondents 3 to 5. Notice to the second respondent 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. The decision to permit the petitioner's wife and nephew to act as Professional Photographers at the Memorial of the Former President Dr.A.P.J.Abdulkalam is within the powers of the first respondent alone and this Court may not be justified in directing them to consider the petitioner's request. Nevertheless, it would be appropriate if the representation given by the aspirants is directed to be considered within a time frame.
4. The learned Standing Counsel for the first respondent submitted that they have not received any representations from the petitioner's wife and nephew.
5. In this background, the petitioner's wife Megalakumari and nephew P.Murugavel are granted liberty to make a suitable representation forthwith to the first respondent ventilating their grievances and on receipt of such representation, the first respondent shall consider the same on its own merits and pass appropriate orders, within a period of six weeks thereafter. It is made clear that this Court has not expressed any of its view on the claim made by the petitioner in the present writ petition.
6. With the above directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To:
1.The District Collector, Office of the District Collector, Ramanathapuram District, Ramanathapuram.
2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Rameswaram Sub-Division, Ramanathapuram District.
3.The Inspector of Police, Thangachimadam Police Station, Ramanathapuram District.
+1CC tO Mr.H.Lakshmishankar, Advocate, SR.NO.63375. .
W.P.(MD) No.9273 of 2018 and W.M.P.(MD) No.8586 of 2018 25.04.2018 KRK KK/KKR/SAR-1/16.04.2018/3P-5C