1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2011 CORAM: THE HONOURABLE MR.JUSTICE K.CHANDRU Writ Petition (MD)No.295 of 2011 J.Victor ... Petitioner Vs. 1.The Inspector of Panchayats/District Collector, Thoothukudi District. 2.The Deputy Director, Town Panchayat (General), Thirunelveli Zone, Thirunelveli District. 3.The Deputy Tahsildar, Vilathikulam Zone,Thoothukudi District. 4.The Revenue Divisional Officer, Kovilpatti Division,Thoothukudi District. 5.The Executive Officer, Vilathikulam Town Panchayat,Thoothukudi District. 6.Tilaka (R-6 impleaded as per order dated 02.11.2011 in M.P.(MD)No.1/2011 ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 06.10.2010 in accordance with law within the time stipulated by this Court. For Petitioner : Mr.R.Alagumani For Respondents 1-5 : Mr.M.Govindan, Special Government Pleader. For 6th Respondent : Mr.M.Vallinayagam ORDER The petitioner filed the present writ petition seeking for a direction to consider his representation, dated 06.10.2010. A copy of the said representation is found enclosed in Page Nos.9-13 of the typed set filed along with the writ petition addressed to the District Collector, Tuticorin. The fact that the said representation was sent to the District Collector is evidenced from the photo copy of the acknowledgement found enclosed in page No.13 of the typed set. 2.When the matter came up on 10.01.2011, this Court direct the petitioner to implead the contesting respondent. Accordingly, M.P.(MD) No.1 of 2011 was taken out by the petitioner to implead the proposed 6th respondent, namely, Tilaka, W/o.Murugan. On the said petition, notice was ordered. On notice, the 6th respondent represented by counsel. The application is yet to be ordered. https://hcservices.ecourts.gov.in/hcservices/ 2 3.Considering the petitioner seeks for a direction to consider the representation relating to the planning permit obtained by the 6th respondent, the application is also ordered. 4.The fifth respondent, the Executive Officer, Vilathikulam Town Panchayat filed a counter affidavit. In the counter, it was stated that the permission granted to the 6th respondent temporarily stopped till the disposal of the writ petition. 5.In any event, since the representation is sent to the first respondent, Inspector of Panchayats, he is also the authority to supervise the action of the authorities of the panchayat, there is no impediment in directing the first respondent to consider the representation. 6.But however, learned counsel for the 6th respondent states that his client has already filed a suit in O.S.No.33 of 2010, Sub Court, Kovilpatti for declaration and title in which the petitioner is also arrayed as second defendant. Therefore, the question of petitioner's representation being considered and the planning permit given earlier to be cancelled may not arise. But this Court is not inclined to go into the defence of the 6th respondent. As and when the first respondent took the petitioner's representation dated 06.10.2010 to be considered, he will issue notice to the panchayat as well as the sixth respondent and such notice being given, 6th respondent can always put forth her views before the District Collector. Therefore, a direction is issued to the first respondent to dispose of the petitioner's representation, dated 06.10.2010 after due notice to the parties and after hearing the parties and in accordance with law. 7.Accordingly, the writ petition stands disposed of. No costs. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The Inspector of Panchayats/District Collector, Thoothukudi District. 2.The Deputy Director, Town Panchayat (General), Thirunelveli Zone,Thirunelveli District. 3.The Deputy Tahsildar, Vilathikulam Zone,Thoothukudi District. 4.The Revenue Divisional Officer, Kovilpatti Division, Thoothukudi 5.The Executive Officer, Vilathikulam Town Panchayat,Thoothukudi Disdtrict. +1cc to Special Government Pleader, Sr.No.37907 +1cc to Mr.R.Alagumani, Advocate, SR.No.37699 sms GH : 23.11.2011 : 2p/8c Writ Petition (MD)No.295 of 2011 02.11.2011 https://hcservices.ecourts.gov.in/hcservices/