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2014 DIGILAW 3899 (MAD)

C. Murugesan v. Home Secretary

2014-10-17

M.VENUGOPAL

body2014
JUDGMENT M. VENUGOPAL, J. 1. Heard the Learned Counsel appearing for the Petitioner and the Learned Additional Government Pleader appearing for the Respondents 1 to 5. 2. According to the Petitioner, his representation dated 03.10.2014, addressed to Respondents 1 to 5, was not considered till date. Further, the Respondents 6 to 21 have threatened him by issuing Pamphlets and by sticking wall posters by using threatening words. Also that, he had lodged a complaint with the official Respondents setting out all the factual aspect in a proper manner but, till date no action was taken, notwithstanding the fact that his representation was received on 07.10.2014. 3. The real grievance of the Petitioner is that the Respondents 6 to 21 have excommunicated him together with family members and the same cannot be countenanced in the eye of Law. In this regard, the Petitioner takes a stand that R1 to R5 Statutory Authorities are duty bound to take legal action against the other Respondents, based on his representation, dated 03.10.2014, as expeditiously as possible, inasmuch as the Respondents 6 to 21 have blocked the pathway leading to his residence. Added further, the Respondents 6 to 21 have also ransacked and damaged the bund of the water body belongs to the Village Panchayat and the same is also an offence, under the provisions of Tamil Nadu Protection of Water Body from Illegal Encroachment Act. 4. In view of the fact that the Petitioner's limited prayer in the Writ Petition is for issuance of direction by this Court to the Respondents 1 to 5 to consider his representation, dated 03.10.2014 and to initiate necessary legal action against the Respondent 6 to 21 and consequential direction to the Respondents to remove the thorny barrier put across the pathway leads to the residence of the Petitioner at Ramalingapuram Village, Ponnamaravathy Taluk, Sivagangai District, this Court, without going into the merits of the representation submitted by the Petitioner, dated 03.10.2014 and also not delving deep into the merits of the averments made by the Writ Petitioner in the Writ Petition, in the Interest of Justice, direct the 3rd and 4th Respondents viz. the District Collector, Pudukottai District and the Tahsildar, Ponnamaravathy Taluk, Pudukottai District, to consider the representation of the Petitioner, dated 03.10.2014 in a Fair, Just, Dispassionate and in equitable manner, of course, after providing necessary opportunity to the Petitioner and others concerned, if any, by adhering to the Principles of natural justice, on merits, within a period of two weeks from the date of receipt of a copy of this order. It is made clear that the Respondents 3 and 4 are directed to pass a reasoned order on merits in quantitative and qualitative manner and they have to give a quietus to the representation made by the Petitioner, dated 03.10.2014, within a time from determined by this Court. 5. With the aforesaid direction, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.