Rajangam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.10.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.19558 of 2017 Rajangam ... Petitioner vs.

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Revenue Divisional Officer, Aruppukottai,

3. The Tahsildar, Kariyapatti Taluk, 4.Mari ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the 1st respondent to instruct the 2nd and 3rd respondents to act properly in accordance with law to maintain peace, law and order and thereby preventing the 4th respondent and his group of people from in anyway interfering with the petitioner's peaceful possession and enjoyment of his property situated in Survey No.180/10A, 180/8B and 181/1 at S.Kallupatti Group, Pichampatti Village, Kariapatti Taluk, Virdhunagar District in the name of Sri Vaalavanthamman temple by considering the petitioner's representation dated 30.09.2017.

For Petitioner : Mr.N.Sathish Babu For RR - 1 to 3 : Mr.T.S.Mohammed Mohideen Additional Government Pleader

O R D E R

This writ petition has been filed seeking a direction to the respondents 1 to 3 to prevent the fourth respondent and his group of people from interfering with the petitioner's peaceful possession and enjoyment of his property situated in Survey

Nos.180/10A, 180/8B and 181/1 at S.Kallupatti Group, Pichampatti Village, Kariapatti Taluk, Virdhunagar District, by considering his representation dated 30.09.2017.

2.The case of the petitioner is that the fourth respondent and his group of people decided to conduct festival in Sri Vaalavanthamman temple and take procession through the petitioner's property, situated in the above said survey numbers. Hence, the petitioner has given a representation dated 30.09.2017 to the respondents requesting to look into the matter and not to allow the fourth respondent to interfere into his property. Since the same has not been considered so far, the petitioner is before this Court with the above mentioned prayer.

3.Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents 1 to 3. By consent, the writ petition itself is taken up for final disposal at the stage of admission.

4.The learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that if a reasonable time is granted to the respondents, the representation of the petitioner will be considered and suitable orders will be passed. 5.Under such circumstances, this Court, without going into the merits of the matter, directs the respondents 1 and 2 to consider the representation of the petitioner dated 30.09.2017 and pass appropriate orders thereon on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after giving due opportunity to the petitioner and any of the interested parties.

6.With the above direction, this petition is disposed of. No costs.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Revenue Divisional Officer, Aruppukottai,

3. The Tahsildar, Kariyapatti Taluk, + 1 cc TO Mr.N.Sathish Babu , Advocate in SR No. 83359 + 1 cc TO The Special Government Pleader in SR No. 83520 Mj AE/KP/SAR4/02.11.2017/3P/6C W.P(MD) No.19558 of 2017 24.10.2017