Disposed

S.Mohan Raj (Died), v. The District Collector

Madras HC4 Sept 2023WP/10160/2022

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging an order restricting a farmer from selling produce locally. It directed the authority to conduct an enquiry and pass a speaking order without delay.

What did the court decide?

Petitioners to file fresh representation; second respondent to hold enquiry and pass speaking order within 12 weeks; bearing in mind the necessity of fair hearing.

S.Mohan Raj (Died), Vs The District Collector — Service and Employment | Madras HC (2023)

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W.P.No.10160 of 2022 & WMP.No.9847 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 04.09.2023

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CORAM: JUSTICE N.SESHASAYEE

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WP.No.10160 of 2022 & WMP.No.9847 of 2022

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S.Mohan Raj(Died)

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1.Saraswathi

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2.Sangeetha

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3.Bharath

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...Petitioners

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(petitioners 1 to 3 are impleaded

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as the legal heirs of Late.S.Mohan Raj

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Vide the order of this Court dated

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04.09.2023 in WMP/19537/2023 in WP/10160/2022)

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-Vs-

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1.The District Collector, Coimbatore, Coimbatore District.

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2.The Joint Director,

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Velan Vanigam, Coimbatore District.

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3.The Administrative Officer, Ulavar Market, Singanallur, Coimbatore District.

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...Respondents

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Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for records relating to

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1/4

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https://www.mhc.tn.gov.in/judis

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W.P.No.10160 of 2022 & WMP.No.9847 of 2022

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the impugned order in KA.No.E/2448/2021 dated 28.02.2022 on file of the 2^nd respondent and to quash the same and consequently direct the respondents to permit the petitioner to continue to sell the vegetable in the Ulavar Santhai, Singanallur.

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For Petitioner : Mr.K.S.Karthik Raja

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For Respondents : Mr.G.Ameedias, Government Advocate

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ORDER

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Certain Mohan Raj, who has now passed away, was an agriculturist stated to be possessing some 15 cents of land and he was prevented by

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the respondents herein from selling his produce in Singanallur Ulavar Santhai and he was directed to the nearer Ulavar Santhai at Palladam. In terms of the impugned order, some inspection has taken place on 24.11.2021 and this has influenced the respondents, rather the second respondent to pass the impugned order.

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2.Mr.G.Ameedias, learned Government Advocate takes notice for the

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respondents.

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2/4

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https://www.mhc.tn.gov.in/judis

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W.P.No.10160 of 2022 & WMP.No.9847 of 2022

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3.The learned counsel for the petitioner submits that no report of the Investigating Authority was ever given and the petitioner was not heard.

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4.Without getting into the merit of the controversy, this Court merely directs the petitioners herein to go with a fresh representation to the second respondent, wherein after the second respondent is required to hold an enquiry and dispose of the same through a speaking order within a period of twelve (12) weeks from the date of receipt of the representation.

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5.The Writ Petition is disposed of accordingly. No costs. Consequently,

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the connected miscellaneous petition is closed.

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04.09.2023

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Index : Yes/No Internet : Yes/No Tsg

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3/4

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https://www.mhc.tn.gov.in/judis

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W.P.No.10160 of 2022 & WMP.No.9847 of 2022

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N.SESHASAYEE, J.,

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Tsg

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1.The District Collector, Coimbatore, Coimbatore District.

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2.The Joint Director, Velan Vanigam, Coimbatore District.

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3.The Administrative Officer, Ulavar Market, Singanallur, Coimbatore District.

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Order made in W.P.No.10160 of 2022

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04.09.2023

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4/4 https://www.mhc.tn.gov.in/judis

S.Mohan Raj (Died), v. The District Collector

Case brief

What is this about?

What did the court decide?

S.Mohan Raj (Died), v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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