High Court · 2025

W.P(MD)No.27246 of 2024BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 19.02.2025CORAM THE HONOURABLE MR.JUSTICE P.DHANABALW.P(MD)No.27246 of 2024A.Sivakumar ... PetitionerVs.1.The District Collector, Ramanathapuram Collectorate Office, Ramanathapuram District.2.The Revenue Divisional Officer, RDO Office, Kalayarkovil Taluk, Sivagangai District.3.The Tahsildar, Tahsildar Office, Kalayarkovil Taluk, Sivagangai District.4.The President, Kollangudi Panchayat, Alagaburi Post, Kalayarkovil Taluk, Sivagangai District.5.The Inspector of Police, Kalayarkovil Police Station, Kalayarkovil Taluk, Sivagangai District.1/10 https://www.mhc.tn.gov.in/judis W.P(MD)No.27246 of 20246.A.ASebasthian ... RespondentsPrayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the fifth respondent to consider the petitioner's representation, dated 05.08.2024 to remove the loud speakers situated in Sivagangai District, Kalayar Kovil Taluk, Aiyurulithachan Kanmai, Pulikkanmai Post in Survey No.62/3 - Extent of 0.55.0 Ares Government Porampoke Land and pass such other or further orders as this Court.For Petitioner : Mr.M.VivekanandanFor R-1 to R-3 : Mr.M.Senthil Ayyanar Government AdvocateFor R-5 : Mr.M.Sakthi Kumar Government AdvocateFor R-6 : Mr.L.ChandrasekaranORDERThe present petition has been filed for issuance of Writ of Mandamus directing the fifth respondent to consider the petitioner's representation, dated 05.08.2024 to remove the loud speakers situated in Sivagangai District, Kalayar 2/10 https://www.mhc.tn.gov.in/judis W.P(MD)No.27246 of 2024Kovil Taluk, Aiyurulithachan Kanmai, Pulikkanmai Post in Survey No.62/3 - Extent of 0.55.0 Ares Government Porampoke Land.2. According to the petitioner, the Government Porampoke Land in S.No.62/3 an extent of 0.55.0 Ares is under occupation by the sixth respondent and one Angusamy on behalf of the villagers, filed a writ petition to remove the encroachment in W.P(MD)No.24320 of 2022 and this Court also ordered to remove the encroachment through an order, dated 20.10.2022 and the third respondent enquired the village people and the sixth respondent and directed to remove the encroachment on 21.02.2023. The encroachment was partly removed and few encroachments were not removed. Hence, the contempt petition was filed on 15.07.2024. The sixth respondent also filed a petition in W.P(MD)No.4779 of 2023 in respect of S.No.62/3. This Court also directed the third respondent to hear the sixth respondent and to pass orders in accordance with law on merits through an order, dated 03.03.2023. The third respondent also conducted enquiry on 09.05.2023 and issued an order. Challenging the said order, the sixth respondent filed a case in W.P(MD)No.12177 of 2023 and the same was dismissed on 17.11.2023. The third respondent also issued an order to fifth respondent to remove the loudspeaker on 22.07.2024 through 3/10 https://www.mhc.tn.gov.in/judis W.P(MD)No.27246 of 2024proceedings in Na.Ka.No.A6/5342/2022 but the fifth respondent so far has not taken any action to remove the loudspeakers. The petitioner also gave a representation to the fifth respondent in person on 05.08.2024 but the same has not been considered by the fifth respondent. Hence, the petitioner filed this petition. 3. The learned Government Advocate appearing for the respondents 1 to 3 would submit that already the Tahsildar conducted enquiry and thereafter, sent a requisition to the fifth respondent that not to make any loud through the loudspeaker in S.No.62/3 and not to create any disturbance to the residents. 4. The learned Government Advocate appearing for the fifth respondent would submit that the petitioner preferred a complaint to the respondents that loudspeakers are operating from 05.00 to 22.00 hours daily and disturbing the studies of the children in the locality and CSR No.1583 of 2024 was issued and both parties are summoned and enquired and no amicable settlement was arrived. Thereafter, the CSR was closed. On enquiry, it was revealed that the said loudspeakers are played daily once at 05.30 hours and on 12.06.2024, one Manivasagam had quarreled with the sixth respondent and based on the 4/10 https://www.mhc.tn.gov.in/judis W.P(MD)No.27246 of 2024complaint of the sixth respondent, a case in Crime No.288 of 2024 was registered under Sections 294(b), 303, 427, 506(1) of I.P.C and the same is under investigation. Again on 01.02.2025, the sixth respondent had given a written complaint against the said Manivasagam stating that he had borken the CCTV cameras installed around the fencing of Mariyaee Cemetery. Thereby, the case in Crime No.60 of 2025 under Section 296(b), 324(A) and 354(3) of B.N.S was registered and the same is under investigation. As far as encroachment is concerned, the revenue authorities and the localbody authorities have to take appropriate action. However, the respondents will dispose the representation of the petitioner, dated 05.08.2024 within two weeks. 5. The learned Counsel appearing for the sixth respondent would submit that there is no any disturbance caused to the public due to the use of loudspeaker and only few persons targetting the sixth respondent and filed frequent complaints against the sixth respondent. Therefore, this petition is liable to be dismissed. 5/10 https://www.mhc.tn.gov.in/judis W.P(MD)No.27246 of 20246. This Court had heard both sides and perused the materials available on record.7. According to the petitioner, the petitioner sent a representation, dated 05.08.2024 to remove the loudspeakers but the same has not been considered. Already the Tahsildar passed an order through proceedings, dated 22.07.2024 in Na.Ka.No.A6/5342/2022 to the Inspector of Police, Kalayarkovil and the same is extracted hereunder:"ghh;itapy; fhZk; nrd;id cah;ePjpkd;w kJiuf;fpisapy; tof;F vz;.CONT.P(MD)No.1232 of 2024 in W.P(MD)No.24230 of 2022, ehs;;: 05.07.2024-d; cj;jutpy; njhptpj;Js;sgb rptfq;if khtl;lk;> fhisahh;Nfhtpy; tl;lk; kw;Wk; cs;tl;lk;> gUj;jpf;fz;kha; F&g;> IAUspjr;rd;fz;kha; fpuhk Gy vz;.62/3-y; mjpfk; rj;jk; vOg;Gk; xypg;ngUf;fpfs; mikf;fg;glf;$lhJ vd;W njhptpf;fg;gl;Ls;sJ. Nkw;gb ,lj;jpw;F mUfpy; trpg;gth;fSf;F ,ilA+W Vw;gLj;Jtjhf Gfhh; tUk; gl;rj;jpy; mtw;iw mfw;w eltbf;if vLf;FkhW Nfl;Lf;nfhs;fpNwd;."However, no action was taken by the then police Inspector. 6/10 https://www.mhc.tn.gov.in/judis W.P(MD)No.27246 of 20248. Therefore, based on the above said letter, dated 22.07.2024 by the Tahsildar, Kalayarkovil, the concerned Deputy Superintendent of Police has to take appropriate action by considering the representation of the petitioner, dated 05.08.2024 in accordance with law by giving opportunity to both the parties and dispose the same, within a period of 15 days from the date of this order. 9. With the above said direction, this writ petition stands disposed of. There shall be no order as to costs. 19.02.2025NCC : Yes / NoIndex : Yes / NoInternet : YesBTRTo1.The District Collector, Ramanathapuram Collectorate Office, Ramanathapuram District.2.The Revenue Divisional Officer,7/10 https://www.mhc.tn.gov.in/judis W.P(MD)No.27246 of 2024 RDO Office, Kalayarkovil Taluk, Sivagangai District.3.The Tahsildar, Tahsildar Office, Kalayarkovil Taluk, Sivagangai District.4.The President, Kollangudi Panchayat, Alagaburi Post, Kalayarkovil Taluk, Sivagangai District.5.The Inspector of Police, Kalayarkovil Police Station, Kalayarkovil Taluk, Sivagangai District.8/10 https://www.mhc.tn.gov.in/judis W.P(MD)No.27246 of 2024P.DHANABAL, J. BTRW.P(MD)No.27246 of 20249/10 https://www.mhc.tn.gov.in/judis W.P(MD)No.27246 of 202419.02.2025 10/10