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Madras High CourtWP(MD)/3198/2018disposed of

S.Vengusamy, v. The District Collector,

2020-09-24Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.09.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.3198 of 2018 S.Vengusamy ... Petitioner Vs

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

2. The Special Officer, Muthanenthal Panchayat Office, Muthanenthal Village, Manamadurai Taluk, Sivagangai District.

3. The Panchayat Secretary, Muthanenthal Panchayat Office, Muthanenthal Village, Manamadurai Taluk, Sivagangai District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent not to conduct the weekly market in the Narikudi Chathiram Trust property bearing survey No.326(1) and 326(2) measuring 2 acres and 42 cents in Muthanenthal Village, Manamadurai Taluk, Sivagangai District, by considering the petitioner's representation dated 07/02/2018.

For Petitioner : No appearance For R1 : Mr.P.Kannidevan Additional Government Pleader For R2 & R3 : Mr.M.Rajarajan

ORDER

This Writ Petition is filed to direct the 1st respondent not to conduct the weekly market in the property of Narikudi Chathiram Trust bearing S.Nos.326 (1) and 326 (2), measuring to an extent of 2 acres and 42 cents, situated at Muthanenthal Village, Manamadurai Taluk, Sivagangai District, by considering the petitioner's representation dated 07.02.2018.

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2.None appeared on behalf of the petitioner.

3.It is the case of the petitioner that with the relief sought for in the prayer, though he made a representation dated 07.02.2018 before the respondents, so far no action has been taken. Hence, the present writ petition.

4.In reply, the learned counsel appearing for the respondents 2 and 3 would submit that the petitioner's representation dated 07.02.2018 would be considered on merits and in accordance with law, within a time frame to be fixed by this Court. 5.In view of the submission made by the learned Additional Government Pleader and by taking note of the fact that the petitioner is not interested in prosecuting the matter, this Court is inclined to pass the following directions:- i) the 2nd respondent is directed to serve notice on the petitioner within a period of two weeks from the date of receipt of a copy of this order;

ii) the 2nd respondent is also directed to consider the petitioner's representation dated 07.02.2018 and pass appropriate orders on merits and in accordance with law within a period of twelve weeks therefrom;

6.This Writ Petition stands disposed of, with the above directions. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) mm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

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

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2. The Special Officer, Muthanenthal Panchayat Office, Muthanenthal Village, Manamadurai Taluk, Sivagangai District.

3. The Panchayat Secretary, Muthanenthal Panchayat Office, Muthanenthal Village, Manamadurai Taluk, Sivagangai District.

+1 CC to the SPL GP ( SR-18154[F] dated 25/09/2020 ) W.P.(MD) No.3198 of 2018 24.09.2020 SS(CO) CS(19.10.2020) 3P 5C 3/3