IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hon`ble Mr.Justice R.MAHADEVAN
CHITRAI & ADJOININ STREETS – Appellant
Versus
THE DISTRICT COLLCETOR – Respondent
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2022 CORAM THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P(MD)No.19762 of 2017 Chitrai & Adjoining Streets Residents And Traders Welfare Association, Rep. by its Secretary, Mr.M.B.Mahesh, 21, West Chitrai Street, Madurai – 625 001. ... Petitioner Vs.
1.The District Collcetor, Collectorate Buildings, Madurai District, Madurai.
2.The Commissioner of Police, Madurai City, Alagar Kovil Road, Madurai - 625 002.
3.The Commissioner, City Municipal Corporation, Aringar Anna Maligai, Alagar Kovil Road, Tallakulam, Madurai. ... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to take necessary steps and measures to shift the CRPF from Historical monument building located at South Kaval Kooda Street to any other convenient location and thereby protect and preserve the historical monuments which projects the cultural heritage of Madurai.
For Petitioner : Mr.J.Alaguram Jothi For 1st Respondent : Mr.S.P.Maharajan Special Government Pleader For 2nd Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor For 3rd Respondent : Mr.T.S.Mohamed Mohideen Standing Counsel * * *
O R D E R
(Order of the Court was made by R.MAHADEVAN, J.
The petitioner has come forward with this writ petition praying to issue a Writ of Mandamus, directing the respondents to take necessary steps and measures to shift the CRPF from Historical monument building located at South Kaval Kooda Street to any other convenient location and thereby protect and preserve the historical monuments which projects the cultural heritage of Madurai.
2. Heard Mr.J.Alaguram Jothi, learned counsel for the petitioner, Mr.S.P.Maharajan, learned Special Government Pleader appearing for the 1st respondent, Mr.T.Senthil Kumar, learned Additional Public Prosecutor appearing for the second respondent and Mr.T.S.Mohammed Mohideen, learned Standing Counsel appearing for the 3rd respondent.
3. Claiming that the historical monument known as “Kaval Koodam” is occupied by CRPF Police Personnel and requesting the respondents to shift the CRPF Police Personal from the said Historical monument to some other place, the petitioner submitted a representation to the official respondents on 24.10.2016 and the same, according to learned counsel for the petitioner, is unattended. Learned counsel for the petitioner would further submit that the petitioner would be satisfied if a direction is issued to the respondents to consider the representation of the petitioner dated 24.10.2016, in accordance with law.
4. Considering the limited scope of the prayer now sought for by the petitioner, without expressing any opinion on the merits of claim made by the petitioner either in the representation or in the affidavit filed in support of the Writ Petition, this Writ Petition is disposed of with a direction to respondents 1 and 2 to consider the representation of the petitioner dated 24.10.2016 and pass appropriate orders on merits and in accordance with law and communicate the decision taken to the petitioner. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. No costs.
[R.M.D., J.] [J.S.N.P., J.]
13.09.2022 Internet : Yes / No Index : Yes / No sj To
1.The District Collector, Collectorate Buildings, Madurai District, Madurai.
2.The Commissioner of Police, Madurai City, Alagar Kovil Road, Madurai - 625 002.
R.MAHADEVAN, J.
and J.SATHYA NARAYANA PRASAD , J .
sj W.P(MD)No.19762 of 2017
13.09.2022
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