1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD).No.5090 of 2011 T.Nesamony : Petitioner Vs. 1.The District Collector, Kanyakumari District, Nagercoil. 2.The Superintendent of Police, Kanyakumari District, Nagercoil. 3.The Revenue Divisional officer, Padmanabhapuram, Thuckalay. 4.The Executive Officer, Aloor Town Panchayat, Aloor, Kanyakumari District. 5.Chinthamani 6.Elango 7.Thangamani 8.Gopalan 9.Vaigunda Raja 10.Thiagarajan : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 4 to dispose of the representation of the petitioner dated 16.04.2011 expeditiously. For Petitioner : Mr.C.Godwin For Respondents : Mr.K.Mahendran Special Government Pleader O R D E R ********** [Order of the Court was made BY P.JYOTHIMANI, J] The Writ Petition is for a direction against the first respondent to consider the representation of the petitioner dated 16.04.2011 and pass orders. 2. The grievance of the petitioner is that there is a CSI Church as well as a Hindu Temple near R.S.No.260/5, Aloor Village, Kalkulam Taluk and now respondents 5 to 10 are stated to have put up a Hindu Temple in the name of a Community Hall without any prior permission from the competent authority, and therefore, for the purpose of giving a decision https://hcservices.ecourts.gov.in/hcservices/ 2 in respect of the said dispute, the petitioner has made a representation on 16.04.2011 to the first respondent. The Writ Petition is for a direction against the respondents to dispose of the said representation. 3. On the face of it, we are of the view that such representation cannot be directed to be considered by the first respondent - District Collector. If the petitioner is affected by any of the conduct of respondents 5 to 10, it is for him to work out his remedy in the manner known to law, since such decision requires appreciation of evidence, which cannot be done by exchange of affidavits under Article 226 of the Constitution of India or by directing the District Collector to consider the representation of the petitioner. In such view of the matter, the Writ Petition stands dismissed giving liberty to the petitioner to work out his remedy in the manner known to law. No costs. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar (C.S) To 1. The District Collector, Kanyakumari District, Nagercoil. 2. The Superintendent of Police, Kanyakumari District, Nagercoil. 3. The Revenue Divisional officer, Padmanabhapuram, Thuckalay. 4. The Executive Officer, Aloor Town Panchayat, Aloor, Kanyakumari District. + 1 cc to Mr.C.Godwin, Advocate, SR No.25925 + 1 cc to The Special Government Pleader, SR No.25852 ORDER MADE IN W.P.(MD).No.5090 of 2011 02.08.2011 NB RJ/9.8.11 2p/7c https://hcservices.ecourts.gov.in/hcservices/