Arumairaj.S.K v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2022 CORAM :

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM S.K.Arumairaj

...Petitioner

vs

1. The Superintendent of Police, O/o. The Superintendent of Police, Thoothukudi District.

2.The Revenue Divisional Officer/ Executive Magistrate, O/o. The Revenue Divisional Office, Kovilpatti, Thoothukudi District.

3.K.Senthilnathan

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to initiate proceedings Under Section 133 of Cr.P.C against the third respondent for causing Public Nuisance by putting up illegal Gravel Quarry in the land in Survey No.78/2 in an extent of 1.64.5 Hectare and in Survey No.79/1 in an extent of 1.19.0 Hectare at 1/4

Oothupatti Village, Kalugumalai Firka, Kovilpatti Taluk, Thoothukudi District by considering the representation dated 06.07.2022 within the time stipulated by this Court.

For Petitioner : Mr.I.Pinaygash For R1 : Mr.M.Sakthi Kumar Government Advocate (crl.side) For R2 : Mr.T.Villavan Kothai Additional Government Pleader

O R D E R

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the second respondent to initiate proceedings Under Section 133 of Cr.P.C against the third respondent for causing Public Nuisance by putting up illegal Gravel Quarry in the land in Survey No.78/2 in an extent of 1.64.5 Hectare and in Survey No.79/1 in an extent of 1.19.0 Hectare at Oothupatti Village, Kalugumalai Firka, Kovilpatti Taluk, Thoothukudi District, by considering the representation dated 06.07.2022 within the time stipulated by this Court. 2.Mr.M.Sakthi Kumar, learned Government Advocate (Criminal Side) takes notice for the first respondent and Mr.T.Villavan Kothai, 2/4

learned Additional Government Pleader takes notice for the second respondent. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3.When the matter is taken up for hearing, the learned Additional Government Pleader appearing for the second respondent submitted the petitioner's representation dated 06.07.2022 was received by the second respondent and it is under enquiry.

4.In view of the above, the second respondent is directed to consider the representation of petitioner dated 06.07.2022 and pass appropriate orders on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition stands disposed of. No Costs.

17.08.2022 Index :Yes/No Internet : Yes/ No cp 3/4

V.SIVAGNANAM, J cp To

1. The Superintendent of Police, O/o. The Superintendent of Police, Thoothukudi District.

2.The Revenue Divisional Officer/ Executive Magistrate, O/o. The Revenue Divisional Office, Kovilpatti, Thoothukudi District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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