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Madras High CourtWP(MD)/29443/2024dismissed

Anto v. The District Collector

2024-12-06Honourable Mr Justice G.K. Ilanthiraiyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Anto

...Petitioner

Vs.

1.The District Collector, Kanyakumari District, Nagercoil.

2.The Superintendent of Police, Kanyakumari District, Nagercoil.

3.The Revenue Divisional Officer, Padmanabhapuram, Thucklay, 4.The Deputy Superintendent of Police, office at Deputy Superintendent of Police, Colochel, 5.The Tahsildar, Killiyoor, Tholaiyavattam Post - 629 157, 6.The Inspector of Police, Pudukadai Police Station, Pudukadai, 1/5

7.The Panchayat President, Painkulam Panchayat, Painkulam Post-629 173, 8.T.Devadoss

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents 1 to 7 to consider the petitioner's representation dated 29.11.2024 and not to remove the poor fisherman's resting shed cum the place for repairing the fishing nets situated at R.S.No.425/15-B of Thengapattinam Village, Killiyoor Taluk, Kanyakumari District.

For Petitioner : Mr.M.R.Sreenivasan For R1 to R3 & R5 : Mr.S.Shanmugavel Additional Government Pleader For R7 : Mr. C.Satheesh Government Advocate For R4 & R5 : Mrs.M.Aasha Government Advocate (Crl.side)

O R D E R

This writ petition has been filed for a direction directing the respondents 1 to 7 to consider the representation submitted by the petitioner dated 29.11.2024 thereby for not to remove the fisherman's resting shed cum the place for repairing the fishing nets situated at R.S.No.425/15-B of Thengapattinam Village, Killiyoor Taluk, Kanyakumari District. 2/5

2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

4. The learned Additional Government Pleader appearing for the respondents 1 to 3 & 5 on instructions would submit that the counter party has already filed a writ petition in W.P(MD)No.31006 of 2023 before this Court and obtained an order of injunction restraining the petitioners' group from conducting any Christmas functions and New Year Celebration in Survey No. 425/15A, 17 of Tehnkaipattinam Village, Killiyoor Taluk, Kanyakumari District. Both the survey numbers ie., R.S.No.425/15-B and Survey No. 425/15A, 17 are adjacent to each other.

5. In view of the above, the prayer seek for by the petitioner cannot be granted. Accordingly, the writ petition is dismissed. No costs. Internet : Yes Index : Yes/No 06.12.2024 Speaking/Non Speaking order am 3/5

To 1.The District Collector, Kanyakumari District, Nagercoil.

2.The Superintendent of Police, Kanyakumari District, Nagercoil.

3.The Revenue Divisional Officer, Padmanabhapuram, Thucklay, 4.The Deputy Superintendent of Police, office at Deputy Superintendent of Police, Colochel, 5.The Tahsildar, Killiyoor, Tholaiyavattam Post - 629 157, 6.The Inspector of Police, Pudukadai Police Station, Pudukadai, 7.The Panchayat President, Painkulam Panchayat, Painkulam Post-629 173, 4/5

G.K.ILANTHIRAIYAN, J.

am 06.12.2024 5/5