Madras High Court
The Thippampatti Cattle vs The District Collector on 23 September, 2021
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.15115 of 2021
and
WMP Nos.16012 & 16014 of 2021
The Thippampatti Cattle
Merchants Association
Rep by its Vice President Sivakumar Sellamuthu
No.2/45 V.O.C.Street
Thippampatti, Pollachi
Coimbatore Dist-642 107. ... Petitioner
-Vs-
1. The District Collector
Coimbatore District
Coimbatore-6.
2. The Sub-Collector Pollachi
Office of the Sub Collector Pollachi
Coimbatore District.
3. Thippampatti Panchayat
Rep by its President Thippampatti Pollachi
Taluk Coimbatore District.
4. The Regional Deputy Director
Department of animal Husbandry
Collectorate Buiding
Coimbatore District.
5. The Assistant Director
Department of Rural Development
Collectorate, Coimbatore.
https://www.mhc.tn.gov.in/judis/
2
6. The District Revenue Officer
The Revenue Department
Collectorate Building
Coimbatore District.
7. The Superintendent of Police
Railway Station Road
Coimbatore District.
8. The Joint Director
The Human Welfare Department
Race course
Coimbatore-641 018 ... Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for
issuance of a Writ of Mandamus, to direct the directing the 4th to 7th Respondents to
consider and pass orders on the representations dated 17.6.2019 and reminder dated
1.7.2021 to the 4th to 7th Respondents in accordance with law within a time frame fixed by
this Honoruable court and till such time forbear the Respondents from taking any action
against or interfering with the petitioner-Association's cattle-business at S.No.89/B7 ( 7B)
and S.No.89/8 Thippampatti Panchayat, Pollachi Taluk, Coimbatore District.
For Petitioner : Mr.Adityaraj
for M/s.P.Wilson Associates
For Respondents : Mr.A.Selvendrtan
Government Advocate
for R1, R 2, R 4 to R 8
Mr.Edwin Prabhakar
for R 3
https://www.mhc.tn.gov.in/judis/
3
ORDER
This writ petition has been filed for the issue of a writ of mandamus directing the respondents to consider the representations made by the petitioner on 17.06.20219 and 01.07.2021, wherein, the petitioner Association is seeking for continuing with the cattle shandy without any interference.
2.When the matter came up for hearing on 09.09.2021, this Court directed the learned counsel appearing on behalf of the 3rd respondent, to take instructions and report before this court.
3.When the matter was taken up for hearing today, the learned Government Counsel submitted that the 1st respondent will consider the representations made by the petitioner Association and take a decision within the time frame fixed by this court.
4.It is seen from records that the petitioner Association had earlier approached the 1st respondent seeking for permission and the same was rejected through proceedings dated 03.06.20219, on the ground that the petitioner Association should get permission/no objection from the respondents 4 to 7. The relevant portion in the rejection letter is extracted hereunder:
"7/ bghJ ,lj;jpnyh. jdpahhplj;jpnyh re;ij Muk;gpg;gj;wF Kd;dh; bjhlh;g[ila Jiwfshd fpuhk Cuhl;rp. Cuf tsh;rr; p kw;Wk; Cuhl;rpj;Jiw. fhy;eil guhkhpg;gj[ ;Jiw. tUtha;j;Jiw. fhty;Jiw. https://www.mhc.tn.gov.in/judis/ 4 jPaizg;g[jJ ; iw. kpdr; hu thhpak;. kf;fs; ey;thH;t[j; Jiw Mfpatw;wplk; chpathW Kd; mDkjp. jlapd;ik rhd;wpjH; bgw;wpUf;f ntz;Lk;/"
5.In view of the above, there shall be a direction to the petitioner Association, to make a representation to each of the department that has been mentioned in the rejection letter of the District Collector and which has been extracted supra. The same shall be considered by the respective departments and they shall convey their decision within a period of two weeks from the date of representation from the petitioner Association. Thereafter, the petitioner shall make a representation to the 1st respondent along with all the necessary no objection certificates and the 1 st respondent shall deal with the same on its own merits and in accordance with law and pass orders within a period of six weeks thereafter.
6.This writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petitions are closed.
23.09.2021.
Index : No
Internet : Yes
KP
https://www.mhc.tn.gov.in/judis/ 5 To
1. The District Collector Coimbatore District Coimbatore-6.
2. The Sub-Collector Pollachi Office of the Sub Collector Pollachi Coimbatore District.
3. Thippampatti Panchayat Rep by its President Thippampatti Pollachi Taluk Coimbatore District.
4. The Regional Deputy Director Department of animal Husbandry Collectorate Buiding Coimbatore District.
5. The Assistant Director Department of Rural Development Collectorate, Coimbatore.
6. The District Revenue Officer The Revenue Department Collectorate Building Coimbatore District.
7. The Superintendent of Police Railway Station Road Coimbatore District.
8. The Joint Director The Human Welfare Department Race course Coimbatore-641 018 https://www.mhc.tn.gov.in/judis/ 6 N.ANAND VENKATESH, J.
KP W.P.No.15115 of 2021 23.09.2021 https://www.mhc.tn.gov.in/judis/