Madasamy, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVEN W.P.(MD).No.23722 of 2017 Madasamy

...Petitioner

Vs.

1. The District Collector, Collectorate Office, Tuticorin, Tuticorin District.

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

3. The Tahsildar, Taluk Office, Kayathar.

...Respondents

PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to conduct enquiry based on the petitioner's representation dated 09.05.2017 with affording opportunity to concerned Village Peoples within stipulated time.

For Petitioner : Mr.S.Senthil Sankara Nathakumar For Respondents : Mr.J.Gunaseelan Muthiah, Government Advocate ***

O R D E R

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

2. Mr.J.Gunaseelan Muthiah, learned Government Advocate, takes notice for the respondents.

3. The case of the petitioner is that some third parties, viz., Seenipandi, Sakthivel and others, had obtained a loan to a tune of about Rs.10,00,000/-, in the name of the subject mentioned Temple, under the guise of renovating the temple, without the

knowledge of the petitioner and his family members/hereditary trustees. Thereafter, the petitioner and his family members had settled a sum of Rs.7,00,000/- and demanded the accounts details from them. The said third parties, instead of handing over the accounts details, had started creating problems in the temple festivals. Aggrieved thereby, the petitioner has preferred a complaint dated 09.05.2017, before the respondents, which, according to the petitioner, was transferred to the third respondent, by the second respondent dated 21.08.2017, for necessary action at his end. As the same is kept pending, without any action, the petitioner is before this Court, with the above prayer.

4. When the matter is taken up for hearing today, the learned Counsel for the petitioner submitted that the Panguni Uthira Festival 2018 is fast approaching, therefore, he seeks indulgence of this Court for a direction to the third respondent to conduct enquiry and to dispose of the representation dated 09.05.2017, within a stipulated time limit.

5. Considering the facts and circumstances of the case and also taking into account the limited scope of the relief sought for by the petitioner, this Court, without going into the merits of the petitioner's claim, directs the respondents, more particularly, the third respondent, to consider the representation of the petitioner dated 09.05.2017 and pass appropriate orders, on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the other 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, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Collectorate Office, Tuticorin, Tuticorin District.

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

3. The Tahsildar, Taluk Office, Kayathar.

+ 1 cc TO Mr.S.Senthil Sankara Nathakumar ,Advocate in SR No. 94056 gk AE/KKR/SAR2/09.01.2018/3P/5C W.P.(MD).No.23722 of 2017 21.12.2017