S. Resilaiyan, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.11975 of 2015 S.Resilaiyan ... Petitioner Vs.
1.The District Collector, Kanyakumari District, at Nagercoil.
2.The Superintendent of Police, Kanyakumari District, at Nagercoil.
3.The Revenue Divisional Officer, Padmanabhapuram, 4.The Tahsildar, Kalkulam Taluk, 5.The Deputy Superintendent of Police, Thuckalay, 6.The Divisional Engineer, Highways Department, Construction & Maintenance, Nagercoil, Kanyakumari District.
7.The Assistant Divisional Engineer, Highways Department, Construction & Maintenance, Thucklai, 8.The Assistant Engineer, Highways Department, Construction & Maintenance, Thucklai,
9.The Inspector of Police, Thucklai Police Station, 10.Selvarani 11.Kumar ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 19.05.2015 and to take appropriate action against the Respondents 10 and 11 who have illegally removed the 2 tamarind trees No.1 & 2 stood in Survey No. 614/2 of Maruthoor Kurichi Village, (Thuckalai HW) Kuzhikode Road K.M. 4/2), Kalkulam Taluk, Kanyakumari District. For Petitioner : Mr.M.R.Sreenivasan For Respondents : Mr.T.S.Mohamed Mohideen, Additional Government Pleader for R.1 to R.9 No appearance for R.10 & R.11 *****
O R D E R
Alleging that the respondents 10 & 11 have illegally removed the tamarind trees belonging to the petitioner, he has lodged a complaint before the official respondents. Since no action has been taken by them, the petitioner is before this Court, seeking a writ of mandamus to direct them for taking appropriate action on the basis of his representation dated 19.05.2015.
2. Mr.T.S.Mohamed Mohideen, learned Additional Government Pleader, who takes notice for the respondents 1 to 9, invited the attention of this Court to the counter affidavit filed by the eighth respondent, wherein, it is averred as follows: "... on 01.05.2015 she has made a complaint against the 10th and 11th respondent before the 9th respondent to take necessary action for their illegality and same was acknowledged by the 9th respondent and C.S.R.No.488 of 2015 was also given."
3. Heard the learned Counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 9.
4. Since C.S.R. already came to be registered, this Court is of the view that the prayer sought for by the petitioner has been met
with and this writ petition stands disposed of, directing the ninth respondent to proceed further on the basis of the C.S.R.No.488 of 2015 and take appropriate action, in the manner known to law, as expeditiously as possible. No costs.
Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar.
To 1.The District Collector, Kanyakumari District, at Nagercoil. 2.The Superintendent of Police,Kanyakumari District, at Nagercoil. 3.The Revenue Divisional Officer,Padmanabhapuram, 4.The Tahsildar, Kalkulam Taluk, Kanyakumari District. 5.The Deputy Superintendent of Police, Thuckalay, 6.The Divisional Engineer, Highways Department, Construction & Maintenance, Nagercoil, Kanyakumari District. 7.The Assistant Divisional Engineer, Highways Department, Construction & Maintenance, Thucklai, Kanyakumari District. 8.The Assistant Engineer, Highways Department, Construction & Maintenance, Thucklai, 9.The Inspector of Police, Thucklai Police Station, +1CC to Mr.M.R.Sreenivasan, Advocate, SR.No. 87720 +1CC to the Special Government Pleader SR.No.88189 W.P(MD)No.11975 of 2015 16.11.2017 gk AM/SV MMS/SAR 2/27.11.2017/3P/12C