Thiyagaraj D v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.08.2022 CORAM :

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM D.Thiyagaraj

...Petitioner

vs

1. The District Collector, Tirunelveli District.

2. The Sub-Collector, Cheranmahadevi, Tirunelveli District.

3. C.Jeyaraj

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent Nos.1 & 2 to take appropriate action in terms of section 133 of Criminal Procedure Code, based on the representation of the petitioner dated 23.10.2021 and legal notice dated 17.01.2022. For Petitioner : Mr.S.Kumar For R-1 & R-2 : Mr.M.Sakthi Kumar Government Advocate(Crl.Side) 1/5

O R D E R

This writ petitioner filed this Writ Petition seeking direction to the the respondent Nos.1 & 2 to take appropriate action in terms of section 133 of Criminal Procedure Code, based on the representation of the petitioner, dated 23.10.2021 and legal notice, dated 17.01.2022. 2.Heard on either side. Perused the material documents available on record.

3.The learned counsel appearing for the petitioner submitted that the petitioner is residing in ground floor with his family members. Due to poor maintenance of the first floor started to get damage and he requested the 3rd respondent to repair the damaged portion, but, the same was not rectified till date. He further submitted that, in this regard, the petitioner has submitted a representation, dated 23.10.2021 to the 1st respondent and subsequently, he issued a legal notice, dated 17.01.2022 to the 2nd respondent. Till date, no action was taken. Hence, he filed this writ petition.

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4.The learned Government Advocate(Crl.Side) appearing for the respondent Nos.1 & 2 submitted that direction may be issued to the 2nd respondent to consider the representation of the petitioner and legal notice within a stipulated time that may be fixed by this Court. 5.Considering the submission made by the learned counsel appearing for the petitioner, the 2nd respondent/Sub-Collector, is hereby directed to consider the representation of the petitioner, 23.10.2021 and legal notice, dated 17.01.2022, on merits and in accordance with law, upon both the representation and complaint, within a period of Two weeks from the receipt of copy of the order.

6.With the above observation, this Writ Petition is disposed of. No cost.

18.08.2022 Index :Yes/No Internet : Yes/ No ksa 3/5

To

1. The District Collector, Tirunelveli District.

2. The Sub-Collector, Cheranmahadevi, Tirunelveli District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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V.SIVAGNANAM, J ksa 18.08.2022 5/5