Madras High CourtWP(MD)/6777/2016disposed of

M.Sundar Raj, S/O.Madan, v. The Director General Of Police

2018-07-19Honourable Mr Justice M.S. Ramesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.6777 of 2016 and W.M.P.(MD).Nos.5834 to 5836 of 2016 M.Sundar Raj ... Petitioner vs.

1. The Director General of Police, Chennai.

2. The Deputy Inspector of General of Police, Tirunelveli Region, Tirunelveli, Tirunelveli District.

3. The Superintendent of Police, Tirunelveli District at Tirunelveli.

4. The District Collector, Tirunelveli District at Tirunelveli.

5. The District Revenue Officer, Tirunelveli District, Tirunelveli.

6. The Revenue Divisional Officer, Tenkasi Revenue Division, Tenkasi, Tirunelveli District.

7. The Tahsildar, Sivagiri Taluk, Tirunelveli District.

8. Sivalinga Sekar Inspector of Police, Vasudevanaloor, Tirunelveli District.

9. The Inspector of Police, Vasudevanaloor, Tirunelveli District.

10.S.John Subramanian ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 to take departmental action against the 8th respondent Inspector of Police, Vasudevanaloor, Tirunelveli District for break opening the Church namely, "Christian Brethren Assembly, Arulachi, Tirunelveli District" which is now modified as meeting hall situated in 6 cents of land in R.S.No.907/1, Thirumalapuram Village, Tirunelveli District without any

permission, and further directing the respondents 1 to 9 to hand over the key of the above said Church to the petitioner, and further directing the respondents 1 to 9 to pay compensation to the petitioner for the illegal activities committed by the 8th respondent Inspector of Police, Vasudevanaloor, Tirunelveli District.

For Petitioner : Mr.S.Xavier Rajini For RR1 to 7 and 9 : Mr.J.Gunaseelanmuthaiah Additional Government Pleader For R10 : Mr.R.Anand

O R D E R

Heard Mr.S.Xavier Rajini, learned counsel appearing for the petitioner. Mr.J.Gunaseelanmuthaiah, learned Additional Government Pleader, appearing for the respondents 1 to 7 and 9 and Mr.R.Anand, learned counsel appearing for the 10th respondent. 2.

It is the grievance of the petitioner that his representation dated 02.04.2016, seeking for a direction to the respondents 1 to 3 to take departmental action against the 8th respondent/ Inspector of Police, Vasudevanaloor, Tirunelveli District for break opening the Church namely, "Christian Brethren Assembly, Arulachi, Tirunelveli District" which is now modified as meeting hall situated in 6 cents of land in R.S.No.907/1, Thirumalapuram Village, Tirunelveli District without any permission, and further direction to the respondents 1 to 9 to hand over the key of the above said Church to the petitioner and further direction to the respondents 1 to 9 to pay compensation to the petitioner for the illegal activities committed by the 8th respondent, has not been considered by the respondent Nos.1 to 3 till date and therefore, he has filed the present writ petition.

3. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever an representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time.

4. In view of the limited prayer sought for in this writ petition, there shall be a direction to the third respondent to consider the petitioner's representation, dated 02.04.2016, on its own merits and take further action in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. Such an exercise shall be done after conducting an enquiry

and giving due opportunity to the petitioner as well as to the 8th and 10th respondents and any other persons who may be interested in the subject matter.

5. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(crl side) /True Copy/ Sub Assistant Registrar(CS-II) To: