Madras High CourtWP(MD)/17793/2019disposed of

R.Selvam v. The District Collector

2019-08-19Honourable Mr Justice R. Suresh Kumar2 pages

W.P.(MD) No.17793/2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.17793 of 2019 R.Selvam ... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Tahsildar, Kariyapatti Taluk Office, Kariyapatti Virudhunagar District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 2nd respondent to permit the petitioner and his family members to put up a Bore Well in the temple namely, "Mudukkankulam Vannimaram Sangaiah Kovil" located at Mudukkankulam village, Kariapatti Taluk, Virudhunagar District.

For Petitioner :Mr.A.Saravanan For Respondents :Mr.M.Rajarajan Government Advocate

ORDER

The prayer in the writ petition is for issuance of a writ of Mandamus to direct the 2nd respondent to permit the petitioner and his family members to put up a Bore Well in the temple namely, "Mudukkankulam Vannimaram Sangaiah Kovil" located at Mudukkankulam village, Kariapatti Taluk, Virudhunagar District.

2. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.

3. In order to dig a Bore Well in a temple compound of the temple called "Mudukkankulam Vannimaram Sangaiah Kovil", the petitioner sought permission from the respondents and in this regard, a representation has been given on 05.08.2019 to the respondents, especially, the second respondent. Therefore, the learned counsel for the petitioner submits that, if the said representation is decided by the respondents, especially, the second respondent, within a time frame and orders are passed, the petitioner would be satisfied.

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W.P.(MD) No.17793/2019

4. Heard the learned Government Advocate for the respondents, who would submit that, the said representation of the petitioner would be decided by the second respondent on merits, after hearing both the petitioner as well as the rival party.

5. Having regard to the said submissions made by both sides, the following direction is issued in this writ petition: That the petitioner's representation, dated 05.08.2019 shall be considered by the respondents, especially, the second respondent on merits and in accordance with law, of course, after hearing the petitioner as well as the rival parties and orders can be passed thereon, by taking a decision 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(CS) RR To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Tahsildar, Kariyapatti Taluk Office, Kariyapatti Virudhunagar District.

+2 CC to M/s.A.SARAVANAN, Advocate ( SR-82281[F] dated 19/08/2019 ) +1 CC to M/s.SPL GP ( SR-82439[F] dated 20/08/2019 ) W.P.(MD)No.17793 of 2019 19.08.2019 KK/SAR/26.08.2019/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2