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Madras High Court

K.Selvaraj vs The District Collector on 22 January, 2025

Author: G.K.Ilanthiraiyan

Bench: G.K.Ilanthiraiyan

                                                                        W.P(MD)No.854 of 2023


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 22.01.2025

                                                      CORAM

                              THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                           W.P(MD)No.854 of 2023
                                                   and
                                          W.M.P(MD)No.828 of 2023

                     K.Selvaraj                                          ... Petitioner

                                                           Vs

                     1.The District Collector,
                       Nagercoil,
                       Kanyakumari District.

                     2.The Superintendent of Police,
                       Nagercoil,
                       Kanyakumari District.

                     3.The Revenue Divisional Officer,
                       Padmanabapuram,
                       Thuckly, Kanyakumari District.

                     4.The Executive Officer,
                       Kaliyakavilai Town Panchayat,
                       Kanyakumari District.

                     5.The Junior Engineer,
                       Kaliyakavilai Electricity Office,
                       Kanyakumari District.

                     6.S.Arthur David

                     7.A.Davis Solomon                             ... Respondents


                     PRAYER: Writ Petition filed under Article 226 of Constitution of
                     India, to issue a Writ of Mandamus, directing the respondents 1 to 5
                     removing the Horns speakers, loud speaker boxes along with high
https://www.mhc.tn.gov.in/judis
                     1/5
                                                                          W.P(MD)No.854 of 2023


                     watts Amplifier and musical instruments erected inside, outside, top,
                     four sides of sun shade slabs and walls from the dwelling house of
                     the respondents situated in House No.24/47, Karumbumavilai,
                     Thiruthuvapuram, Kaliyakavilai Town Panchayat, Vilavancode Taluk,
                     Kuzhithurai Post, Kanyakumar District based on the petitioner's
                     representation dated 02.01.2023.


                                  For Petitioner   : Mr.C.Ezhillarasu

                                  For RR 1 to 5    : Mr.S.Shanmugavel
                                                     Additional Government Pleader

                                  For RR 6 & 7     : Mr.Ananth C.Rajesh


                                                    ORDER

This Writ Petition has been filed by the petitioner for a direction, directing the respondents 1 to 5 to remove the Horns speakers, loud speaker boxes along with high watts Amplifier and musical instruments erected inside, outside, top, four sides of sun shade slabs and walls from the dwelling house of the respondents situated in House No.24/47, Karumbumavilai, Thiruthuvapuram, Kaliyakavilai Town Panchayat, Vilavancode Taluk, Kuzhithurai Post, Kanyakumar District based on the petitioner's representation dated 02.01.2023.

https://www.mhc.tn.gov.in/judis 2/5 W.P(MD)No.854 of 2023

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3.Without expressing any opinion on the merits of the Writ Petition, the third respondent is directed to consider the representation submitted by the petitioner, dated 02.01.2023, after issuing notice to the petitioner and the respondents 6 and 7 and conduct an enquiry and also affording an opportunity of hearing to them and 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.

4.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.





                                                                     22.01.2025
                     NCC          : Yes / No
                     Index        : Yes / No
                     Internet     : Yes
                     ps




https://www.mhc.tn.gov.in/judis 3/5 W.P(MD)No.854 of 2023 To

1.The District Collector, Nagercoil, Kanyakumari District.

2.The Superintendent of Police, Nagercoil, Kanyakumari District.

3.The Revenue Divisional Officer, Padmanabapuram, Thuckly, Kanyakumari District.

4.The Executive Officer, Kaliyakavilai Town Panchayat, Kanyakumari District.

5.The Junior Engineer, Kaliyakavilai Electricity Office, Kanyakumari District.

https://www.mhc.tn.gov.in/judis 4/5 W.P(MD)No.854 of 2023 G.K.ILANTHIRAIYAN, J.

ps Order made in W.P(MD)No.854 of 2023 22.01.2025 https://www.mhc.tn.gov.in/judis 5/5