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Madras High CourtWP(MD)/7059/2022disposed of

Suba. Na.Ramanathan v. The Revenue Divisional Officer

2022-04-13Honourable Mr Justice G.K. Ilanthiraiyan2 pages

W.P (MD).No. 7059 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P (MD).No. 7059 of 2022 Suba.Na.Ramanathan ... Petitioner Vs.

1. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Devakottai Division, Sivagangai District.

2. The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District.

3. The Inspector of Police, Nerkuppai Police Station, Thiruppathur Taluk, Sivagangai District.

4. Subramanian

5. Maru.Se.Sekkappan

6. P.Nagarajan

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the respondents 1 to 3 to take action against the respondents 4 to 6 for ex communicating the petitioner from the village by considering the representation of the petitioner, dated 22.03.2022 and 24.03.2022. For Petitioner : Mr.K.Muthumalai For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor for R1 to R3

O R D E R

The prayer in this writ petition is to directing the respondents 1 to 3 to take action against the respondents 4 to 6 for ex communicating the petitioner from the village by considering the representation of the petitioner, dated 22.03.2022 and 24.03.2022.

2. It is the grievance of the petitioner that respondents 4 to 6 are ex communicating him from the village. Therefore, he has filed the present writ petition.

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W.P (MD).No. 7059 of 2022

3. 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.

4. 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 representation, dated 22.03.2022 and 24.03.2022 on its own merits and take further action in accordance with law forthwith. Such an exercise shall be done after giving due opportunity to the petitioner as well as to the respondent Nos. 4 and 6.

5. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // 13/04/2022 Sub Assistant Registrar(CS-I) btr/aav To

1. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Devakottai Division, Sivagangai District.

2. The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District.

3. The Inspector of Police, Nerkuppai Police Station, Thiruppathur Taluk, Sivagangai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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