D.Muthukaruppan Pillai @ v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.05.2018

CORAM

THE HONOURABLE MR. JUSTICE M.V.MURALIDARAN W.P.(MD)No.11531 of 2018 and W.M.P.(MD)No.10500 of 2018 D.Muthukaruppan Pillai @ Velayutham ... Petitioner Vs.

1.The District Collector, Tuticorin District, 2.The Superintendant of Police, Tuticorin District, 3.The Revenue Divisional Officer, Tuticorin Revenue Division, 4.The Tahsildar, Srivaikundam Taluk, Srivaikundam-628 601 Tuticorin District.

5.The Deputy Superintendant of Police, Srivaikundam Sub Division, Tuticorin-628 601.

6.The Inspector of Police, Eral Police Station, Eral Srivaikundam Taluk-628 801 Tuticorin District.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 17.05.2018 and pass appropriate orders as per law and issue such further or other orders or directions deemed fit and proper in the facts and circumstances of this case.

For Petitioner : Mr.M.Ramamoorthy

For R1 to R6 : Mr.VR.Shanmuganathan Special Government Pleader

O R D E R

Heard Mr.M.Ramamoothy, learned counsel appearing for the petitioner and Mr.VR.Shanmuganathan, learned Special Government Pleader appearing for the respondents.

2.By consent, the writ petition itself is taken up for final hearing.

3.The petitioner make a representation dated 17.05.2018, requesting the respondents to consider his representation permitting him to perform the pooja, in the light of the decree passed in O.S.No.133 of 2007, dated 23.03.2011, which was filed by the petitioner before the District Munsif Court, Srivaikundam, against one Suresh @ Muthukaruppan and Ramkumar. The suit was decreed in favour of the petitioner. But as on date, there was no appeal preferred against the said decree. Since no orders have been passed by the respondents, the petitioner has come forward to file this writ petition seeking the aforesaid relief. 4.Considering the nature of the prayer sought for by the petitioner, this writ petition is disposed of with the following direction:

(i)The respondents 4 and 5 are directed to consider the petitioner's representation dated 17.05.2018 and pass orders on merit and in accordance with law, in the light of the judgment and decree passed in O.S.No.133 of 2007, dated 23.03.2011, after giving personal opportunity to the petitioner, within a period of one week from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/ Vacation officer/ Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The District Collector, Tuticorin District, 2.The Superintendant of Police, Tuticorin District,

3.The Revenue Divisional Officer, Tuticorin Revenue Division, 4.The Tahsildar, Srivaikundam Taluk, Srivaikundam-628 601 Tuticorin District.

5.The Deputy Superintendant of Police, Srivaikundam Sub Division, Tuticorin-628 601.

6.The Inspector of Police, Eral Police Station, Eral Srivaikundam Taluk-628 801 Tuticorin District.

+1cc to Mr.M.Ramamoorthy Advocate, SR.No. 66304 W.P.(MD)No.11531 of 2018 and W.M.P.(MD)No.10500 of 2018 30.05.2018 NS KK/SKN RSK/SAR-2/05.06.2018/3P-8C