K. Kuzhandavel, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :01.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD) No.9260 of 2011 K.Kuzhandavel ... Petitioner vs.

1.The District Collector, Kanyakumari District, Nagercoil.

2.Painkulam Village Panchayat represented by its President, Painkulam, Kanyakumari District.

3.The Deputy Director of Health Services, Krishnankoil, Nagercoil, Kanyakumari District.

4.The President, Sree Bhadreswari Amman Deveasthanam Koottalumoodu, Painkulam, Kanyakumari District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondents 1 and 2 to initiate proper action in accordance with law on the communication bearing O.Mu.No.3160/A8/10, dated 17.05.2010 sent by the third respondent for shifting of the market from Re.Survey No.127/7B Painkulam village.

For Petitioner :Mr.Anwar Sameem for Mr.G.R.Swaminathan For Respondents :Mr.Aayiram K.Selvakumar for R1 & R3 No appearance for R2 and R4.

O R D E R

The petitioner submitted a representation, to the District Collector, Kanyakumari District at Nagercoil to take action for shifting the Market from Re.Survey No.127/7B Painkulam Village, taking into account the communication sent by the third respondent on 17.05.2010. Since follow up action was not taken, the petitioner is before this Court. https://hcservices.ecourts.gov.in/hcservices/

2. Heard the learned counsel for the petitioner and the learned Government Advocate on behalf of the respondents 1 and 3. None appeared on behalf of the second and fourth respondent.

3. The District Collector, Kanyakumari District, Nagercoil, is directed to consider and dispose of the representation, submitted by the petitioner, dated 15.03.2010, on merits and as per law, taking into account, the communication sent by the third respondent, dated 17.05.2010. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order, of course after issuing notice to the fourth respondent. The petitioner is directed to forward a copy of the representation, dated 15.03.2010 and the proceedings of the third respondent, dated 17.05.2010 along with a copy of this order to the first respondent, so as to enable the first respondent to dispose of the matter as expeditiously as possible.

4. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar jikr To 1.The District Collector, Kanyakumari District, Nagercoil.

2.Painkulam Village Panchayat represented by its President, Painkulam, Kanyakumari District.

3.The Deputy Director of Health Services, Krishnankoil, Nagercoil, Kanyakumari District.

+1CC to Spl.Government Pleader Sr.No.50057 GJM/SS2/3.10.2016-2p-5c W.P.(MD) No.9260 of 2011 01.09.2016 https://hcservices.ecourts.gov.in/hcservices/