Madras High Court
T.Ramesh vs The Collector on 27 June, 2025
W.P.No.23446 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.06.2025
CORAM :
THE HONOURABLE MRS.JUSTICE N.MALA
W.P.No.23446 of 2025
and
WMP.No.26313 of 2025
T.Ramesh ... Petitioner
Vs.
1.The Collector,
Salem District, Salem
2. The Assistant Director,
Animal Husbandry Department,
Salem.
3. The Assistant Director of Panchayats,
Salem Collectorate, Salem
4. The Executive Officer,
Veerakanoor Panchayat,
Veerakanoor, Salem District
5. The Executive Officer,
Thedavoor Panchayat
Thedavoor, Salem District.
6. N. Vel … Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of India,
praying for issuance of Writ of Mandamus directing the respondents herein to
take action against the unauthorized private cattle shandy run by the 6th
respondent in the Government Odai and Road Poramboke land in S.Nos.77
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W.P.No.23446 of 2025
and 78 of Thedavoor Town Panchayat, Salem District based on the petitioner's
representation dated 20.06.2025 and direct the respondents 1 to 5 to ensure
that the cattle shandy is functioning in the identified place at weekly market,
Veerakanoor Panchayat, Salem District enabling the petitioner to collect
entrance toll as per the allotment order in Na.Ka.No.342/2023 dated
14.03.2024 issued by the 4th respondent.
For Petitioner : Mr.S.Doraiswamy
For Respondent : Mr.T.Arunkumar R4 & R5
Mr.M. Shajakhan for R1 to R3
Special Government Pleader
ORDER
This Writ Petition filed seeking for a Mandamus directing the respondents herein to take action against the unauthorized private cattle shandy run by the 6th respondent in the Government Odai and Road Poramboke land in S.Nos.77 and 78 of Thedavoor Town Panchayat, Salem District, based on the petitioner's representation dated 20.06.2025 and direct the respondents 1 to 5, to ensure that the cattle shandy functions in the identified place at weekly market, Veerakanoor Panchayat, Salem District, and enable the petitioner to collect entrance tolls as per the allotment order in Page No.2 of 6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/07/2025 12:47:20 pm ) W.P.No.23446 of 2025 th Na.Ka.No.342/2023 dated 14.03.2024 issued by the 4 respondent.
2. The learned counsel for the petitioner submitted that the petitioner participated in the public tender in Na.Ka.No.342/2023 dated 22.01.2024, issued by the 4th respondent, for the allotment of lease right to collect the entrance toll in the weekly market cattle shandy, at Veerakanoor Panchayat. The petitioner was a successful bidder in the auction conducted by the 4 th respondent for the collection of entrance toll for three years from 01.04.2024 to 31.03.2027. The petitioner, without any violation of terms, was collecting the toll as per the Government Order in G.O.(MS) No.181 dated 19.09.2008 of Municipal Administration and Water Supply Department. While so, the 6th respondent, who is the President of Thedavoor Town Panchayat, by misusing his official position, encroached the Government Odai and Road Poramboke lands in S.Nos.77 & 78 at Thedavoor Village for running a private cattle shandy that too without permissin from the respondents 1, 2, 3 and 5. Therefore, the petitioner submitted his representation to the respondents on 20.06.2025 to take appropriate action against the illegal cattle shandy run by Page No.3 of 6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/07/2025 12:47:20 pm ) W.P.No.23446 of 2025 th the 6 respondent. However, the respondents did not take any action till date and therefore, the petitioner filed the above writ petition for the abovestated relief.
3. Heard both sides.
4. The facts are not in dispute. The petitioner was a successful bidder in the auction conducted by the 4th respondent, for collecting entrance tolls in the weekly market cattle shandy, in the Veerakanoor Panchayat. Since the 6th respondent unauthorizedly conducted private cattle shandy in Government Odai and Poramboke lands, the petitoner submitted his representation to the respondents, but no action was taken against the illegal cattle shandy of the 6th respondent. The petitioner having invested huge amount for getting tender for collection of tolls in the weekly or monthly market, the illegal functioning of the cattle shandy by the 6th respondent naturally leads to financial loss to the petitioner and therefore, I am inclined to direct the respondents to consider the petitioner's representation dated 20.06.2025, within a time frame. Page No.4 of 6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/07/2025 12:47:20 pm ) W.P.No.23446 of 2025 st
5. The 1 respondent is directed to dispose of the petitioner's representation dated 20.06.2025, by affording an opportunity of hearing to the petitioner and the 6th respondent and thereafter pass orders on merits, and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
6. In the result, the Writ Petition is disposed of with the above direction. Consequently, the connected miscellaneous petition is closed. No costs.
27.06.2025
Index : Yes/No
Speaking Order : Yes/No
Neutral Citation : Yes/No
gv
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W.P.No.23446 of 2025
N.MALA, J.
gv
To:
1.The Collector,
Salem District, Salem
2. The Assistant Director,
Animal Husbandry Department,
Salem.
3. The Assistant Director of Panchayats,
Salem Collectorate, Salem
4. The Executive Officer,
Veerakanoor Panchayat,
Veerakanoor, Salem District
5. The Executive Officer,
Thedavoor Panchayat
Thedavoor, Salem District.
W.P.No.23446 of 2025
and
WMP.No.26313 of 2025
27.06.2025
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