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Madras High CourtWP(MD)/13490/2018disposed of

P.Ramasamy, v. The District Collector

2018-06-26Honourable Mr Justice M. Govindaraj3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P(MD)No.13490 of 2018 1.P.Ramasamy 2.P.Karuppasamy ... Petitioners Vs.

1. The District Collector, Office of the District Collector, Theni District.

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

3. The District Revenue Officer, Collectorate, Theni, Theni District.

4. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Thamarai Kulam, Periyakulam Post, Theni District.

5. The Tahsildar, Andipatti Taluk Office, Andipatti, Theni District.

6. The Block Development Officer, Office of the Block Development Officer, K.Mayiladumparai, Andipatti Taluk, Theni District.

7. The Inspector of Police, Kadamalai Kundu Police Station, Kadamalai Kundu, Andipatti Taluk, Theni District.

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Mandamus to direct the respondents to permit to erect the statue of the father of the petitioners, namely, Pandipoosari, in Survey No.1266/1, Patta No.2954 at Upputhurai Village, Kadamalai Gundu Union, Andipatti Taluk, Theni District.

For Petitioners : Mr.K.Neelamegam For Respondents : Mr.S.Nagarajan Special Government Pleader ******

ORDER

Mr.S.Nagarajan, learned Special Government Pleader takes notice for the respondents.

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

3. The petitioners are the owners of the lands measuring to an extent of 2 acres 43 cents and they are constructing a temple for Arulmighu Maaligai Parai Karuppasamy Kovil including sannathis for several minor deities and they also want to construct a statue for their father within that property. However, they have to comply with the statutory requirements. Hence, they made a representation dated 14.05.2018 requesting the respondents to permit them to erect a bronze statue of their father weighing 400 Kgs., in their patta land in S.No.1266/1 in Kadamalaikundu village, Andipatti Taluk, Theni District.

4. I have considered the rival contentions.

5. Considering the facts and circumstances of the case, without going into the merits of the case of the petitioners, this Court opines that when a representation is made to the respondents, they have to take a decision and pass orders as to whether they have granted the request or rejected the same, but they cannot keep it in cold storage.

6. In such circumstances, a direction is issued to the respondents to consider the representation of the petitioner, dated 14.05.2018 and pass orders after verifying the factual details in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

7. Accordingly, this writ petition is disposed of as above. No costs.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar

To

1. The District Collector, Office of the District Collector, Theni District.

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

3. The District Revenue Officer, Collectorate, Theni, Theni District.

4. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Thamarai Kulam, Periyakulam Post, Theni District.

5. The Tahsildar, Andipatti Taluk Office, Andipatti, Theni District.

6. The Block Development Officer, Office of the Block Development Officer, K.Mayiladumparai, Andipatti Taluk, Theni District.

7. The Inspector of Police, Kadamalai Kundu Police Station, Kadamalai Kundu, Andipatti Taluk, Theni District.

+ 1 cc TO Mr.K.Neelamegam , Advocate in SR No. 69920 rsb AE/SKN RSK/SAR1/06.07.2018/3P/9C W.P(MD)No.13490 of 2018 26.06.2018