Veeranathan, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.12.2018

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA W.P.(MD) No.23868 of 2018 Veeranathan ... Petitioner -vs1.The District Collector, Kanyakumari District, Nagercoil.

2.The Superintendent of Police, Kanyakumari District, Nagercoil.

3.The Inspector of Police, Kudankulam Police Station, Kanyakumari District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, to direct the respondents to consider the petitioner's representation, dated 13.08.2018 and 20.08.2018.

For Petitioner :

Mr.M.Ramu For Respondents :

Mr.R.Anandharaj Additional Public Prosecutor

O R D E R

This writ petition is filed seeking for a writ of Mandamus directing the respondents to consider the petitioner's representation, dated 13.08.2018 and 20.08.2018. 2.The learned counsel appearing for the petitioner would submit that the petitioner is working as Vasool Maniyam with Thiruvavadudurai Adhinam Office situated at Suchindram, Kanyakumari District. He would further submit that the vacant site in Survey No.221/3 to an extent of 10 cents has been under enjoyment of religious institution namely the Thiruvavadudurai Adhinam and the Flower Plantation has been cultivated and a small thatched house has been constructed in the land and it has been fenced. While so, the Village Administrative Officer, Adankarkulam with malicious intention, even without any notice, taken the law in his hand and damaged the fencing stone worth about Rs.20,000/-. In respect of the illegal activities of the Village Administrative Officer, the https://hcservices.ecourts.gov.in/hcservices/

petitioner and his superior officer sent the representation to the respondent on 13.08.2018 and 20.08.2018 praying to take necessary action against him. Since no action has been taken, the present writ petition has been filed by the petitioner. 3.The learned Additional Public Prosecutor appearing for the respondents would submit that based on the complaint given by the petitioner, an enquiry was initiated in C.S.R.No.302 of 2018 and that both the parties were called for an enquiry and enquiry was conducted on 18.08.2018 and during the enquiry, the Village Administrative Officer had appeared and stated that the property is a Natham Poramboke belonging to the Government and it has been encroached by the Aathinam and thereby, after giving due notice, survey had been conducted and thereafter, the fence had been removed. He would further submit that the petitioner and the Village Administrative Officer had appeared before the enquiry and recording the statement of the Village Administrative Officer, the petition has been closed.

4.Recording the submissions made by the learned Additional Public Prosecutor, this Criminal Original Petition is closed. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar(CS III) am Copy To:

1.The District Collector, Kanyakumari District, Nagercoil.

2.The Superintendent of Police, Kanyakumari District, Nagercoil.

3.The Inspector of Police, Kudankulam Police Station, Kanyakumari District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

1`CC TO MR. M. RAMU, ADVOCATE SR 98366 KK SV SAR 3 28 12 2018 2P 6C W.P.(MD) No.23868 of 2018 03.12.2018 https://hcservices.ecourts.gov.in/hcservices/