K.Ashok Kumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.7364 of 2017 K.Ashok Kumar .. Petitioner Vs.

1.The District Collector, Trichy District, 2.The Superintendent of Police, Trichy District, 3.The Deputy Director, Town Panchayat, 4.The Executive Officer, S.Kannur Town Panchayat, Samayapuram, 5.Rethinavel 6.P.P.Sundaram Pillai .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the second and fourth respondents to follow due process of law by affording opportunity to the Aathi Thiravidar Pallan Community people of Makalikudi Village before evicting them from the Makalikudi Aathi Thiravidar Pallan Samuthayakudam and Annathana Panthal Mandapam situated in South of Survey No.273, Ward - 1, East Car Street, Samayapuram, Trichy District.

For Petitioner : Mr.R.Maheswaran For RR 1 to 4 : Mr.M.Govindan, Special Government Pleader.

For RR 5 & 6 : No appearance

ORDER

[Order of the Court was made by A.SELVAM, J.] This Writ Petition has been filed under Article 226 of the Constitution of India praying to direct the respondents 1 to 4 to follow due process of law before taking eviction proceedings in respect of community hall which situates in Survey No.273, Ward - 1, East Car Street, Samayapuram, Trichy District, by way of issuing a Writ of Mandamus.

2.It is seen from the records that a representation has been given on 27.03.2017, but the same has not been considered. 3.The main grievance expressed on the side of the petitioner is that without following due process of law, the authorities concerned have made attempt to take eviction proceedings in respect of community hall which situates in Survey No.273.

4.Considering the main grievance expressed on the side of the petitioner and also considering the fact that already a representation has been given, this Court is inclined to pass the following order.

5.In fine, this Writ Petition is allowed in part without costs. The first respondent is directed to look into the representation dated 27.03.2017 and dispose of the same within a period of one month. If representation is not available, the petitioner is directed to give a fresh representation to the first respondent.

Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Trichy District, 2.The Superintendent of Police, Trichy District, 3.The Deputy Director, Town Panchayat,

4.The Executive Officer, S.Kannur Town Panchayat, Samayapuram, +1cc to Mr.R.Maheswaran, Advocate in SR.No.59687 +1cc to Special Government Pleader in SR.No.59745 Ps AE/MR/SAR1/15.06.2017/3P/7C ORDER MADE IN W.P(MD)No.7364 of 2017 08.06.2017