S.Sentamil Ambalam, v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.05.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P(MD)No.11149 of 2018 and W.M.P(MD)No.10198 of 2018 S.Sentamil Ambalam ... Petitioner vs.

1.The Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Sakkottai Police Station, Sivagangai District.

3.R.S.Ambikapathi @ Koteswar ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent herein to allow the petitioner to continue his cultivation in his own agricultural lands and also forbearing the second respondent police from in any manner restraining the petitioner from entering into his own lands situated at Ambakudi, Mithiravayal Post, K.Pudu Vayal via Karaikudi Taluk, Sivagangai District on the basis of his representation dated 15.03.2018. For Petitioner : Mr.M.Shakul Hameed For RR 1 & 2 : Mr.S.Dhayalan, Government Advocate.

O R D E R

The petitioner's application dated 15.03.2018, seeking a direction to direct the second respondent to allow the petitioner to continue his cultivation in his own agricultural lands and also forbearing the second respondent police from in any manner restraining the petitioner from entering into his own lands situated at Ambakudi, Mithiravayal Post, K.Pudu Vayal via Karaikudi Taluk, Sivagangai District, 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.

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3.It is needless to point out that whenever any representation / application is made to the statutory authorities, the 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 15.03.2018, there shall be a direction to the second respondent to consider the petitioner's representation on its own merits and pass appropriate orders within a period of four 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 and 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 Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Sakkottai Police Station, Sivagangai District.

+1cc to Special Government Pleader, SR.No.65739. +1cc to M/s.M.Shakul Hameed, Advocate, SR.No.65450. W.P(MD)No.11149 of 2018 16.05.2018 PS/PNN RAM/SV MMS/SAR 3/29.05.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/