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Madras High CourtWP(MD)/10510/2018ordered

Thangavel, v. The District Collector

2018-05-16Honourable Mr Justice M.S. Ramesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.05.2018

CORAM

THE HON'BLE MR. JUSTICE M.S.RAMESH W.P.(MD)No.10510 of 2018 and W.M.P.(MD)No.9608 of 2018 Thangavel ... Petitioner Vs.

1.The District Collector, District Collector Office, Trichy-1, Trichy District.

2.The Superintendent of Police, District Police Office, TVS Tollgate, Trichy-20, Trichy District.

3.The Deputy Superintendent of Police, Lalgudi, Trichy District.

4.The Executive Officer, Arulmighu Mariamman Temple, Samayapuram, Trichy District.

5.The Inspector of Police, Samayapuram Police Station, Samayapuram, Trichy District.

6.T.P.Sundram Pillai 7.K.Soundarrajan 8.P.Dhandapani 9.Rathinavel Pillai 10.R.Saravana Sekar 11.R.Gnanasundram ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the third and fifth respondents herein to take appropriate action against the respondents 6 to 11/landlords for their high handed, illegal, malafide act for retain the key of the shops situated at Trichy District, Manachanallur Taluk, Samayapuram S.F.No.273/7B, Door No.10/1, and 10/2 after completion of the festival with them without any authority and to get shops key from the respondents 6 to 11 and hand over the key to the petitioner for carry on the business for

selling pooja things to the devotees of Samayapuram Mariamman Temple under the right guaranteed under Article 14, 19(1) (g) and 21 of the constitution of India, in the light of the petitioner's representation, dated 19.04.2018.

For Petitioner : Mr.R.Rajaraman For RR 1 to 3 & 5 : Mr.M.Murugan Government Advocate

O R D E R

The petitioner's application dated 19.04.2018, seeking a direction to direct the third and fifth respondents herein to take appropriate action against the respondents 6 to 11/landlords for their high handed, illegal, malafide act for retain the key of the shops situated at Trichy District, Manachanallur Taluk, Samayapuram S.F.No.273/7B, Door No.10/1, and 10/2 after completion of the festival with them without any authority and to get shops key from the respondents 6 to 11 and hand over the key to the petitioner for carry on the business for selling pooja things to the devotees of Samayapuram Mariamman Temple under the right guaranteed under Article 14, 19(1) (g) and 21 of the constitution of India, has been kept pending without disposal, which prompted the petitioner to file the present writ petition.

2.By consent of both counsels, this writ petition is taken up for final disposal.

3.It is needless to point out that whenever any representation / application is made to the statutory authorities, the official respondents are bound to dispose of the same in one way or other, rather than keeping it pending indefinitely. 4.In view of the limited prayer sought for and without going into the merits of the petitioner's representation dated 19.04.2018, there shall be a direction to the fifth respondent to consider the petitioner's representation on its own merits and pass appropriate orders within a period of six 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 6 to 11 and also to any other person who may be interested in the subject matter.

5.With the above observation, this writ petition stands allowed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Vacation Officer /True Copy/ Sub Assistant Registrar

To 1.The District Collector, District Collector Office, Trichy-1, Trichy District.

2.The Superintendent of Police, District Police Office, TVS Tollgate, Trichy-20, Trichy District.

3.The Deputy Superintendent of Police, Lalgudi, Trichy District.

4.The Inspector of Police, Samayapuram Police Station, Samayapuram, Trichy District.

+1CC to Mr.R.RajaRaman Advocate in SR.NO.65560. PS/PNN DS/KKR/SAR-1 :04.06.2018 3P/6C W.P.(MD)No.10510 of 2018 and W.M.P.(MD)No.9608 of 2018 16.05.2018