Paulraj v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15021 of 2018 and W.M.P(MD) No.13559 of 2018 Paulraj ... Petitioner vs.

1. The District Collector Kanyakumari District at Nagercoil

2. The Superintendent of Police Kanyakumari District at Nagercoil

3. The Labour Officer No.155,K.P.Road Ramavarmapuram Near Linse Shopping Nagercoil- 629 001 Kanyakumari District.

4. The General Secretary Kanyakumari District Annai Sonia Ragul Gandhi General Workers Union Reg. No.522/KMM 56, South Ratha Veethi 202, Saravana Manson Nagercoil, Kanyakumari District.

5. The General Secretary Thadikkarakonam DMK-Genearl Workers Union Nagercoil, Kanyakum ari District.

6. The General Secretary CITU Union Thadikkarakonam Kanyakumari District.

.... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents 1 to 3 to consider the petitioner's representation dated 01.05.2018 and prevent the respondents 4 to 6 Workers Union from interfering with the free movement of vehicles from loading and unloading trade of the petitioner.

For Petitioner :

Mr.M.R.Sreenivasan For Respondents :

Mr.J.Gunaseelan Muthiah No.1 to 3 Additional Government Pleader

O R D E R

Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader, takes notice for the respondents 1 to 3. Notice to the respondents 4 to 6 is dispensed with in view of nature of the order to be passed by this Court.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 3.

It is the grievance of the petitioner that his representation dated 01.05.2018 seeking to prevent the respondents 4 to 6 Workers Union from interfering with the free movement of vehicles from loading and unloading trade of the petitioner, has not been considered by the first till date and therefore, he has filed the present writ petition.

4. 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.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the first respondent to consider the petitioner's representation dated 01.05.2018 on its own merits and take further action in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner as well as to the respondents 4 to 6 and any other persons who may be interested in the subject matter.

6. With the above directions, this writ petition is disposed

of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AS) /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 Labour Officer, No.155,K.P.Road, Ramavaramapuram, Near Linse Shopping, Nagercoil- 629 001, Kanyakumari District.

+ 1 cc TO Mr.M.R.Sreenivasan , Advocate in SR No. 72556 + 1 cc TO The Special Government Pleader in SR No. 72831 aav AE/SKN RSK/SAR2/23.07.2018/3P/6C W.P.(MD) No.15021 of 2018 and W.M.P(MD) No.13559 of 2018 12.07.2018