P.Kanagaraj v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2016 CORAM :
THE HONOURABLE MR.JUSTICE S.S.SUNDAR Writ Petition(MD)No.15010 of 2013 and M.P(MD)No.2 of 2013 1.P.Kanagaraj 2.K.Muthukumar 3.K.Gandhi 4.T.Bose 5.T.Rajamani 6.T.Chelladurai 7.G.Vijayakumar 8.P.Chandran 9.S.Agnipandi 10.V.Malairaj 11.V.Arjunan 12.A.leninkumar 13.P.Arumugam 14.V.Selvam 15.S.Ramachandran 16.R.Jeyakumar ... Petitioners Vs.
1.The District Collector, Collectorate, 2.The Superintendent of Police, O/o the Superintendent of Police, 3.The Deputy Superintendent of Police, O/o the Deputy Superintendent of Police, 4.The Revenue Divisional Officer, O/o the Revenue Divisional Officer, 5.The Inspector of Police, Kalayarkovil Police Station, Sivagangai District.
6.The Tahsildar, 7.Mr.M.Ganesan Murugaiah Peipahanchan Village, Periya Kannanur Post, ... Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus to direct the respondents No.1 and 6 to permit the petitioners to live in their village namely, Peipahangan, Sivagangai Taluk, Sivagangai District and provide adequate police protection to the petitioners within a time stipulated by this Court.
For Petitioner : Mr.T.Lajapathy Roy For Respondents : Mr.Aairam K.Selvakumar G.A., for R1 to R6 No representation for R7
O R D E R
This writ petition has been filed for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned communication vide C.No.117/DSP/EOW-II/MDU/2012 dated 18.07.2012 issued by the first respondent and quash the same and direct the 2nd respondent to register the document with regard to the S.No.114/1 in Puthiragoundampalayam and S.No.292/2A New S.No.432/6 in Aethappur Village, Athur Taluk, Salem District.
2. Heard the learned counsel for the petitioners and learned Govt. Advocate appearing for the respondents 1 to 6.
3. Though the petitioners have sought for issuing a Writ of Mandamus directing the respondents 1 to 6 to permit the petitioners to live in their village, namely, Peipahangan, Sivagangai taluk, Sivagangai District and provide adequate police protection to the petitioners, the learned counsel for the petitioners submits that a direction to the respondents to consider the representation dated 22.08.2013 will be sufficient for the present.
4. In view of the submission, without going into the merits of the case, this court is inclined to dispose of the writ petition with the direction to the second respondent. Accordingly, the writ petition is disposed with a direction to the second respondent to consider the representation of the petitioners dated 22.08.2013 and pass appropriate orders on merits and in accordance with law, after
holding enquiry and conducting peace meeting by inviting the persons concerned belonging to the petitioners as well as the private respondents and others, who are interested in the subject, if required, by putting all the persons on notice, within a period of three months from the date of receipt of a copy of this order. No order as to costs. Consequently, connected miscellaneous petition is also closed.
Sd/- Assistant Registrar (t&p) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Collectorate, 2.The Superintendent of Police, O/o the Superintendent of Police, 3.The Deputy Superintendent of Police, O/o the Deputy Superintendent of Police, 4.The Revenue Divisional Officer, O/o the Revenue Divisional Officer, 5.The Inspector of Police, Kalayarkovil Police Station, 6.The Tahsildar, +1 cc to Mr.T.LAJAPATHI ROY ,Advocate, Sr.No: 42350 +1cc to M/S Special Government Pleader, Sr No. 42217 JAM/AAL-MPA/31.08.16/ 3P-9C Writ Petition(MD)No.15010 of 2013 04.08.2016