I.Joey v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.11.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD) No.20083 of 2017 I.Joey ... Petitioner -Vs1. The District Collector, Tuticorin District, Tuticorin.

2. The Revenue Divisional Officer, Tiruchendur, Tuticorin District.

3. The Inspector of Police, Arumuganeri Police Station, Tuticorin District.

4.Martin 5.John Edison ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the 1st and 2nd Respondents to take appropriate action against the respondents 4 and 5 based on the petitioner's representation dated 18.08.2017 and consequently to direct the respondents 1 and 2 to take appropriate action for enabling the petitioner's daughter to study in her desired school and further to ensure the fundamental right of the petitioner to practice his business without any hindrance of the 4th and 5th respondents village welfare committee. For Petitioner : Mr.N.Ramesh Arumugam For Respondents : Mr.T.S.Mohammed Mohideen, Additional Government Pleader for R.1 to R.3

O R D E R

By consent, this writ petition itself is taken up for final disposal at the stage of admission.

2.Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader takes notice for the respondents 1 to 3. Notice to the respondents 4 & 5 is dispensed with, as no adverse order is going to be passed and opportunity of hearing will be provided, at the time of hearing, by the authorities concerned. 3.The petitioner, who is a fisherman by profession, is before this Court, stating that he wants to admit his daughter in a School of his choice, which is opposed by the fourth and fifth respondents, being the President and Vice President of the Village Welfare Committee. Aggrieved by this action, the petitioner has preferred a representation dated 17.07.2017, before the first respondent, which was duly forwarded to the concerned authorities for necessary action, but, no action is forthcoming, which constrained the petitioner to submit another representation dated 18.08.2017 before the first & second respondents, which is also kept pending, without any action and hence, the present petition came to be filed.

4.Though the prayer in the writ petition is for a larger relief, the learned Counsel for the petitioner now confines his prayer to the effect that it would be suffice, if the representation of the petitioner is disposed of by the authorities, on merits, within a stipulated time limit, for which, the learned Additional Government Pleader has no serious objections.

5.Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the first respondent to consider the representation of the petitioner dated 18.08.2017 and pass appropriate orders on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner and R.4 & R.5 as well as all the interested parties, if any, within a period of four weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Tuticorin District, Tuticorin.

2. The Revenue Divisional Officer, Tiruchendur, Tuticorin District.

3. The Inspector of Police, Arumuganeri Police Station, Tuticorin District.

+1cc to Mr.N.Ramesh Arumugam, Advocate Sr.No.84684 +1cc to Spl.Government Pleader Sr.No.85059 GK VB/MR/KKR/SAR4/17/11/2017/3P/6C W.P.(MD) No. 20083 of 2017 01.11.2017