M.Duraipandian @ Madasamy 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.9798 of 2018 and W.M.P.(MD) No.8993 of 2018 M.Duraipandian @ Madasamy ... Petitioner vs.

1. The District Collector, Tirunelveli District.

2. The Revenue Divisional Officer, Tirunelveli District.

3. The Tahsildhar, Manur Taluk, Tirunelveli District.

4. The Inspector of Police, Manur Police Station, Tirunelveli District.

5. Esakki

6. Esakkimuthu

7. Arumugam

8. Sankar

9. Esakki 10.Krishnan

11. Esakki ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 4 to take effective steps to conduct the festival of Arulmigu Muppidathi Amman, Santhana Mariamman, Uchi Makali, Kanthari Amman and Esakki Amman of S.Kuppanapuram Village, Manur Taluk, Tirunelveli District by the entire villagers by considering the representation of the petitioner dated 09.04.2018 and 19.04.2018.

For Petitioner :

Mr.A.K,Manickam For Respondents No 1 to 4 : Mr.V.Anand Government Advocate

O R D E R

The grievance of the petitioner that his representations dated 09.04.2018 and 19.04.2018 seeking to conduct the festival of Arulmigu Muppidathi Amman, Santhana Mariamman, Uchi Makali, Kanthari Amman and Esakki Amman of S.Kuppanapuram Village, Manur Taluk, Tirunelveli District by the entire villagers, has not been considered by the second respondents 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 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.

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 09.04.2018 and 19.04.2018 on its own merits and take further action in accordance with law, on or before 30.05.2018 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 5 to 11 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. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar aav

To:

1. The District Collector, Tirunelveli District.

2. The Revenue Divisional Officer, Tirunelveli District.

3. The Tahsildhar, Manur Taluk, Tirunelveli District.

4. The Inspector of Police, Manur Police Station, Tirunelveli District.

+1 CC TO Mr. A.K.MANICKAM , Advocate, Sr.No. 64759 JAM/29/05/2018/ KKR /SAR 3/ 3P-6C W.P.(MD) No.9798 of 2018 and W.M.P.(MD) No.8993 of 2018 28.04.2018