Chidambaranathan. R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.21497 of 2022 Chidambaranathan.R ... Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Tirunelveli District, Tirunelveli.

3.The Commissioner, Tirunelveli City, Tirunelveli.

4.The Thasildar, Tirunelveli Taluk, Tirunelveli.

5.The Inspector of Police, Pettai Police Station, Tirunelveli District.

6.Selvi ... Respondents 1/6

Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent Nos.1 to 5 to take appropriate action against the 6th respondent based upon the representation of the petitioner, dated 31.05.2022 within the time frame stipulated by this Court.

For Petitioner : Mr.Gokul Raj. S For R1 to R5 : Mr.S.Manikandan Government Advocate (Crl.Side)

O R D E R

This Writ Petition has been filed to direct the respondent Nos.1 to 5 to take appropriate action against the 6th respondent based upon the representation of the petitioner, dated 31.05.2022 within the time frame stipulated by this Court.

2. The case of the prosecution is that the petitioner is the owner of the property situated in T.S.Ward No.8, T.S.Block No.14, T.S.No.2017 of Palayamkottai, Tirunelveli formerly Revenue punja S.No.2017/1 of Kandiapperi-I village in patta No.540 of Kandiapperi-I Village, Tirunelveli Tauk and District and the petitioner is in possession and 2/6

enjoyment of the said property. While so, the sixth respondent entered into the petitioner's property and constructed a house, but, later the said house was converted as Church in the name of Praise of Fire Ministries without getting proper permission from the concerned authorities. Thereby, the petitioner made a representation, dated 31.05.2022 before the respondent Nos.1 to 5 to take appropriate action against the private respondent, but the same was not considered, hence the present petition has been filed.

3. The learned Government Advocate (Crl.Side) appearing for the respondent Nos.1 to 5 would submit that already the matter was forwarded to the Revenue officials for initiating the proceedings under Section 145 of Cr.P.C.

4. Recording the submission made by the learned Government Advocate (Crl.Side), this Court is inclined to issue a direction to the Revenue Officials and the respondent Nos.1 to 5 to intiate appropriate proceedings as against the offenders and conclude the same within a 3/6

period of six weeks from the date of receipt of copy of this order.

5. With the above said direction, this Writ Petition is disposed of. No costs.

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To:

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Tirunelveli District, Tirunelveli.

3.The Commissioner, Tirunelveli City, Tirunelveli.

4.The Thasildar, Tirunelveli Taluk, Tirunelveli.

5.The Inspector of Police, Pettai Police Station, Tirunelveli District.

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

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M.DHANDAPANI,J.

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