S.Vincent, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.15635 of 2018 S.Vincent ... Petitioner vs.

1.The District Collector Tirunelveli, Tirunelveli District 2.The Assistant Director Department of Geology & Mining Tirunelveli, Tirunelveli District 3.The Executive Engineer (PWD) Citraru Irrigation Division Tenkasi, Tirunelveli District 4.The Special Deputy Thasildar (Mines) Tirunelveli, Tirunelveli District 5.The Thasildar Ambasamuthiram Taluk Tirunelveli District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the 1st respondent to dispose the petitioner's application dated 15.05.2014 regarding to take a soil for the purpose of brick kiln business in respect of S.F.No.563, Achankulam at MelaAmbur-2, Ambasamuthiram Taluk, Tirunelveli District, within a stipulated time by this Court.

For Petitioner :

Mr.S.T.Sasidharan Tamilkani For Respondents:

Mr.A.Muthu Karuppan Additional Government Pleader

O R D E R

When the matter was taken up for hearing, the learned Additional Government Pleader appearing for the respondents submitted that under similar circumstances, the learned Judge of this Court, by order dated 20.07.2018, has disposed of a writ petition in W.P.(MD) No.15824 of 2018, as under:

"3. It is the grievance of the petitioner that his application dated 29.04.2014 seeking to take soil for the purpose of brick kiln 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 first respondent to consider the petitioner's application dated 29.04.2014, 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. The petitioner is directed to submit a copy of the application to the first respondent herein. Such an exercise shall be done after giving due opportunity to the petitioner 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."

2. From the pleadings and the materials as disclosed in the affidavit and the documents filed in support of the writ petition, it appears that the present circumstances, in which the present writ petition is filed, are similar to that of the circumstances, in which the earlier writ petition was filed. Therefore, this Court is of the view that a similar direction can be issued in this writ petition also.

3. For the above stated reasons, the writ petition is disposed of with a direction to the first respondent to dispose of the petitioner's application dated 15.05.2014 seeking to take soil

for the purpose of brick kiln business in respect of the property, comprised in S.F.No.563, situated at Achankulam, Mela Ambur-2, Ambasamuthiram Taluk, Tirunelveli District, 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 first respondent is also directed to give opportunity of personal hearing to the petitioner before final order is passed on the petitioner's application. The petitioner is also directed to forward a copy of the application, since the application is said to have been made as early as on 15.05.2014. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS-III) To 1.The District Collector, Tirunelveli, Tirunelveli District.

2.The Assistant Director, Department of Geology & Mining, Tirunelveli, Tirunelveli District.

3.The Executive Engineer (PWD), Citraru Irrigation Division, Tenkasi, Tirunelveli District.

4.The Special Deputy Thasildar (Mines), Tirunelveli, Tirunelveli District.

5.The Thasildar, Ambasamuthiram Taluk, Tirunelveli District.

+ 1 CC TO MR.S.T.SASIDHARAN TAMILKANI, ADVOCATE IN SR NO.86061 + 1 CC TO SPECIAL GOVERNMENT PLEADER, IN SR NO.86248 KRK BU/SKN/SAR-III :12.10.2018 : 3P/8C W.P.(MD) No.15635 of 2018 24.09.2018