N.Sanal Kumar vs. The District Collector

Held

The Court held that the authorities concerned should consider the petitioner's representation dated 04.09.2017 and pass orders on merits in accordance with law. The reasoning was based on the agreement of the learned Additional Government Pleader for the respondents to grant the relief as requested by the petitioner's counsel. The operative direction was to consider the representation within four weeks from the date of receipt of a copy of the order. No specific issue regarding the legality of transporting M. Sand or the requirement of Form-F was decided on merits, as the petitioner restricted his prayer to consideration of his representation.

Facts

The petitioner, N. Sanal Kumar, filed a writ petition seeking a Mandamus directing the Superintendent of Police, Kanyakumari, and subordinates to permit the transportation of M. Sand and crusher items from Kanyakumari to Trivandrum upon production of a transit pass in Form-F. The petitioner's counsel later restricted the prayer to a direction for the authorities to consider the petitioner's representation dated 04.09.2017 and pass orders within a stipulated time. The respondents, through the Additional Government Pleader, agreed to this modified relief.

Key Issues

1. Whether the petitioner is entitled to a direction for the authorities to consider his representation dated 04.09.2017 regarding the transportation of M. Sand and crusher items. The petitioner argued that he is entitled to a positive direction to have his representation considered. The respondents, represented by the Additional Government Pleader, agreed that the requested relief could be granted.