Vincent v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15414 of 2018 and W.M.P.(MD)No.13872 of 2018 Vincent ... Petitioner vs.
1. The District Collector, Thoothukudi District, Thoothukudi.
2. The Deputy Superintendent of Police, Thoothukudi District, Thoothukudi.
3. The Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Ltd., Thoothukudi, Thoothukudi District.
4. The Inspector of Police, Thattarmadam Police Station, Sathankulam Taluk, Thoothukudi District.
5.Arulraj ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the respondents 1 to 4 to take action against the fifth respondent for doing illegal cable TV business at Polaiyarpuram Village, Kommadikottai Via, Sathankulam Taluk, Thoothukudi District by considering the petitioner's representation dated 27.06.2018. For Petitioner :
Mr.S.R.Anbarasu For R1,R2 and R4 :
Mr.V.Anand, Government Advocate For R3 : Mr.P.Gunasekaran
O R D E R
Mr.V.Anand, learned Government Advocate, takes notice for the respondents 1,2 and 4 and Mr.P.Gunasekaran, learned counsel takes notice for the third Respondent. Notice to the fifth respondent is dispensed with, in view of the nature of the order passed in this writ petition.
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 27.06.2018, seeking direction, to direct the respondents 1 to 4 to take action against the fifth respondent for doing illegal cable TV business, has not been considered by the respondents 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 third respondent to consider the petitioner's representation dated 27.06.2018, on its own merits and take further action in accordance with law, within a period of six 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 fifth respondent 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(CS-I) /True Copy/ Sub Assistant Registrar(CS-I) To
1. The District Collector, Thoothukudi District, Thoothukudi.
2. The Deputy Superintendent of Police, Thoothukudi District, Thoothukudi.
3. The Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Ltd., Thoothukudi, Thoothukudi District.
4. The Inspector of Police, Thattarmadam Police Station, Sathankulam Taluk, Thoothukudi District.
+1cc to Mr.S.R.Anbarasu, Advocate Sr.No.73345 +1cc to Mr.S.Gunasekaran, Advocate Sr.No.73427 PNN VB/RSK/SAR1/01.08.2018/3P/7C W.P.(MD) No.15414 of 2018 17.07.2018