← Library
Madras High CourtWP(MD)/4372/2014closed

M.Mohamed Iqbal v. The Chief Secretary,

2017-03-24Honourable Mr Justice V. Parthiban3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2017 CORAM :

THE HONOURABLE MR.JUSTICE V.PARTHIBAN.J., Writ Petition (MD) No.4372 of 2014 M.Mohamed Iqbal ..Petitioner Vs.

01.The Chief Secretary, Government of Tamil Nadu, St. George Fort, Secretariat, Chennai-9 02.The Chief Secretary, Tamil Nadu Wakf Board.

Vallal Seethakathi Nagar, Chennai.

03.The District Collector, Thanjur District, Thanjur.

04.The Superintendent of Police., Thanjur District, Thanjur.

05.The Inspector of Police, Ayyampettai Police Station, Thanjur.

06.KEP Mohamed Ali, President, Valuthur Jamath, Valuthur, Papanasam Taluk, Thanjur District-10.

... Respondents PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondents 1 to 5 to take appropriate action against the respondents No.6 on the basis of the my representation dated 25.01.2014.

For Petitioner : Mr.S.M.A.Jinnah For R1,R3,R4,R5 : Mr.D.Muruganandham Additioanal Government Pleader For R2 : Mr.K.K.Senthil

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus to direct the respondents 1 to 5 to take appropriate action against the respondents No.6 on the basis of the petitioner representation dated 25.01.2014.

2. Heard Mr.S.M.A.Jinnah, learned Counsel appearing for the Petitioner and Mr.D.Muruganandham, learned Additional Government Pleader appearing for the Respondents 1, 3, 4 and 5 and the learned counsel appearing for the second respondent.

3. On behalf of the second respondent, a counter affidavit has been filed. This Court has perused the counter affidavit. On a perusal of counter affidavit, it is seen that there is a dispute with regard to the question of fact, this court cannot gone into and adjudicate it.

4. However, the learned counsel for the petitioner would submit that he has preferred a complaint to the respondents on 25.01.2014 and he would be satisfied if the same may be directed to be considered.

5. In view of the above facts and circumstances, it is appropriate to direct the petitioner to submit a fresh representation before the second respondent.

6.The learned Counsel for the second respondent would submit the same shall be considered and disposed of on merits.

7. In view of the submissions made by the learned counsel appearing for the parties, the petitioner is directed to submit a fresh representation stating all the facts set out in the writ petition within a period of one week from today. On receipt of the the same, the second respondent is directed to consider the representation on merits and in accordance with regulations within a period of four weeks thereafter.

8.With the above direction, this Writ Petition is closed. No costs.

Sd/- ASSISTANT REGISTRAR(AS) /TRUE COPY/ SUB ASSISTANT REGISTRAR To 1.The Chief Secretary, Government of Tamil Nadu, St. George Fort, Secretariat Chennai-9.

02.The Chief Secretary, Tamil Nadu Wakf Board. Vallal Seethakathi Nagar, Chennai.

03.The District Collector, Thanjur District, Thanjur. 04.The Superintendent of Police., Thanjur District, Thanjur. 05.The Inspector of Police,Ayyampettai Police Station, Thanjur.

+1 CC TO MR.K.K.SENTHIL,ADVOCATE,SR NO.17971 +1 CC TO MR.V.CHANDRASEKAR,ADVOCATE,SR NO.17664 +1 CC TO SPECIAL GOVERNMENT PLEADER SR NO.18091 CM MAS/SV-MMS:05.05.2017:3P-9C Writ Petition (MD) No.4372 of 2014 24.03.2017