Writ petition filed under Art. 226 seeking direction to respondents to act on representations regarding alleged theft of mines. Court disposed petition by directing respondent to act on merits within two months.
Direction to the first respondent to consider representations and pass appropriate orders on merits within two months.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED 06.08.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P(MD)No.18903 of 2024
S.Kannan
..Petitioner
Vs
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Bangalore – 34.
12.S.Dasan
16.Karunakaran,
Proprietor of Vairam Chambers, Palkulam,Alwarthirunagari, Tuticorin District.
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17.Baskar,
Proprietor of Sakthi Chambers, Palkulam,Alwarthirunagari, Tuticorin District.
17.Vivekanandan, Proprietor of Sun Chambers, Alwarthoppu,Alwarthirunagari, Tuticorin District.
..Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first respondent to take necessary action on the basis of second respondent communication vide proceedings Petition NO.3675/20-22/REV/TK, dated 7.4.2022 and on the basis of the Petitioner’s representations dated 11.02.2022 and 22.09.2023 to the first Petitioner within the time stipulated by this Court.
For Petitioner :Mr.M.Sathiamoorthy For Respondents :Mr.D.Gandhiraj 1,2, and 4 to 8 Special Govt.Pleader For Respondents :Mr.M.Vaikkam Karunanidhi 3,9 and 10 Govt.Advocate(Crl.Side)
ORDER
The Petitioner has filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the first respondent to take necessary action on the basis of second respondent communication vide proceedings Petition NO.3675/20-22/REV/TK, dated 7.4.2022 and on the basis of the Petitioner’s representations dated 11.2.2022 and 22.09.2023 to the first Petitioner within the time stipulated by this Court.
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2.Mr.D.Gandhiraj, learned Special Government Pleader takes notice for the respondents 1, 2 and 4 t0 8 and Mr.M.Vaikkam Karunanidhi, learned Government Advocate(Crl.side) takes notice for the respondents 3, 9 and 10. By consent of both parties, the Writ Petition is taken up for final dispoal at the admission stage itself.
3.The case of the Petitioner is that the Petitioner has given a petition to the second respondent about the theft of mines and minerals in S.Nos.135/1 and 135/2 by the 11th respondent on 16.3.2022 and the same was forwarded to the first respondent by communication dated 7.4.2022.The Petitioner has also preferred a complaint to the third respondent on 11.2.2022 and a representation in this regard to the first respondent on 22.09.2023.Despite acknowledgement, the respondents 1,2 and 3 have taken no steps .Hence, the Petitioner has filed the present Writ Petition for the relief stated supra.
4.The learned Special Government Pleader appearing for the respondents 1,2 and 4 to 8 would submit that the Petitioner's representation will be disposed of in accordance with law by the first respondent within the time stipulated by this Court.
5.In view of the above said submission, this Court, without expressing any opinion on the merits of the matter, directs the first https://www.mhc.tn.gov.in/judis
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respondent to consider the representations of the Petitioner, dated 11.2.2022 and 22.09.2023 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the parties concerned, within a period of two months from the date of receipt of a copy of this order.
6.With the above direction, the writ Petition stands disposed of. No costs.
06.08.20245
Index : Yes/No Internet:Yes/No NCC :Yes/No vsn To
1.The District Collector, Tuticorin District, Tuticorin.
2.The Director, Directorate o Vigilance and Anti Corruption(DVAC) No.293, M.K.N.Road, Alandur, Chennai – 600 016.
3.The Superintendent of Police, Tuticorin District, Tuticorin.
4.The Tahsildar, https://www.mhc.tn.gov.in/judis Srivaikundam Taluk,
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Tuticorin District.
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N.SATHISH KUMAR.,J
vsn
ORDER MADE IN
W.P(MD)No.18903 OF 2024
06.08.2024
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1 issue framed by the court
Whether the court can direct the respondent to consider representations and pass appropriate orders within the stipulated time without expressing opinion on merits.
1 provisions across 1 enactments
S.Kannan
The District Collector, Tuticorin District
The Director, Directorate o Vigilance and Anti Corruption(DVAC)
The Superintendent of Police, Tuticorin District
The Tahsildar, Srivaikundam Taluk
The Revenue Divisional Officer, Korampallam
L.VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
