S.Sreedharan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Sreedharan ... Petitioner Vs.

1.The District Collector, Collector Office, 2.The Revenue Divisional Officer, Revenue Divisional Office, Tirunelveli, 3.The Thasildar, Taluk Office, Palayamkottai Taluk, 4.The Deputy Superintendant of Police, Tirunelveli Rural, Thalaiyuthu Sub Division, ... Respondents PRAYER : This Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, to direct the respondents No.1 to 3 to pay relief amount as well as retrieve the petitioner's damages property as per the Rule 12(4) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Rules, 2016, within a stipulated time that may be fixed by this Court by considering the petitioner's representation dated 28.07.2020.

For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

The writ petition has been filed praying for issuance of a writ of mandamus directing the respondents 1 to 3 to pay relief amount as well as retrieve the petitioner's damages property as per the Rule 12(4) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Rules, 2016, within a stipulated time that may be fixed by this Court by considering the petitioner's representation dated 28.07.2020.

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2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3.At this stage of the hearing of the writ petition, the learned counsel appearing for the petitioner submitted that it would suffice, if the representation of the petitioner dated 28.07.2020, is directed to be disposed of, on merits and in accordance with law, within a specified period.

4.The learned Additional Public Prosecutor appearing for the respondents, has no objection for such an order being passed by this Court.

5.In view of the averments made in the affidavit filed in support of this petition and in view of the submissions made by the learned counsel for the petitioner, the respondents are directed to consider and dispose of the petitioner's representation dated 28.07.2020 on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. The petitioner is directed to submit a copy of the representation dated 28.07.2020, along with a copy of this order, to the respondents. However, it is made clear that this Court by this order has not expressed any opinion on the merits of the matter. 6.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Deputy Registrar (LA&MC) // True Copy // / /2020 Sub Assistant Registrar(CS) cp Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:

1.The District Collector, Collector Office, 2/3

2.The Revenue Divisional Officer, Revenue Divisional Office, Tirunelveli, 3.The Thasildar, Taluk Office, Palayamkottai Taluk, 4.The Deputy Superintendant of Police, Tirunelveli Rural, Thalaiyuthu Sub Division, W.P.[MD]No.10155 of 2020 27.08.2020 KM (07.09.2020) 3P 5C 3/3