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Madras High CourtWP(MD)/14015/2019disposed of

Palaniappan, v. The District Collector,

2019-07-09Honourable Dr Justice Anita Sumanth2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2019

CORAM

THE HON'BLE DR.JUSTICE ANITA SUMANTH W.P(MD).No.14015 of 2019 Palaniappan ... Petitioner Vs.

1.The District Collector, Karur District, Karur.

2.The Revenue Divisional Officer, Kulithalai, Karur District.

3.The Tahsildar, Tharagamapatti, Kadavur Taluk, Karur District.

... Respondents Prayer :Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to conduct the enquiry and pass orders on the representation of the petitioner dated 20.04.2019.

For Petitioner : Mr.A.Sankara Ramasubramanian For Respondents : Mr.S.Angappan Government Advocate

O R D E R

This writ petition has been filed for the issuance of a writ of mandamus directing the respondents to conduct enquiry and pass orders on the representation of the petitioner dated 20.04.2019.

2. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents.

3. According to the petitioner, he owns property in Survey No.691/2 administering 3 acres. He has filed a representation before the respondents making allegations in regard to unauthorized exploitation of river sand in the river Pungaru by several individuals, some of whom hold positions of authority. I must point out that the writ affidavit is bereft of the details of the individuals, alleged to be indulging in such illegal activities.

4. Be that as it may, the petitioner has made a representation dated 20.04.2019 pointing out such illegal activities and the respondents are bound to address the same on merits. https://hcservices.ecourts.gov.in/hcservices/

5. Mr.Angappan, who has accepted notice for the respondents, states today, on instructions, that the allegations of the petitioner are baseless. According to him, there is an Odai at Survey No.1586 and a check dam has been constructed thereupon by the respondents and there is nothing illegal or suspicious going on at that location.

6. Be that as it may, learned Government Advocate expresses no objection to the issuance of a direction to the second respondent for consideration of the representation of the petitioner.

7. In the light of the above and bearing in mind the interests of justice, the second respondent,the Revenue Divisional Officer, is directed to ascertain from the petitioner details of the individuals against whom he has levelled allegations, issue notice to the individuals as well as the petitioner and consider and pass orders upon the representation of the petitioner dated 20.04.2019 on merits and in accordance with law, after hearing them. The said exercise shall be completed within a period of eight weeks from date of receipt of a copy of this order.

8. This writ petition is disposed of in the above terms. No costs.

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

2.The Revenue Divisional Officer, Kulithalai, Karur District.

3.The Tahsildar,Tharagamapatti, Kadavur Taluk, Karur District.

+1 CC to SPL GP SR-74528.

+1 CC to Mr.V.ILLANCHEZIAN, Advocate SR-74557. W.P(MD).No.14015 of 2019 09.07.2019 CS(10.09.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/