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Madras High CourtWP/649/2023disposed of

D.Naveenkumar v. The District Collector

2024-06-06Honourable The Acting Chief Justice,Honourable Mr Justice Mohammed Shaffiq5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2024 CORAM :

THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ D.Naveenkumar .. Petitioner Vs 1.The District Collector, District Collector Office, Ranipet District.

2.The Revenue Divisional Officer, Arakkonam, Ranipet District.

3.The Block Development Officer, Kaveripakkam, Ranipet District.

4.The Tahsildar, Nemili Taluk, Ranipet District.

5.The Village Administrative Officer, Karivedu Village, Ocheri Post, Ranipet District.

6.Lakshmi 7.Rajaguru .. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 5 to lay the pucca road in S.F.No.180, Bajanai Koil Street, Karivedu Village, Ocheri Post, Ranipet District.

For the Petitioner : Mr.B.Gopalakrishnan For the Respondents : Mr.A.Edwin Prabakar State Government Pleader for respondents 1 to 5 : Mr.A.Deivasigamani for respondents 6 and 7

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) Heard Mr.B.Gopalakrishnan, learned counsel for the petitioner; Mr.A.Edwin Prabakar, learned State Government Pleader for respondents 1 to 5; and Mr.A.Deivasigamani, learned counsel for respondents 6 and 7.

2. Seeking to lay a pucca tar road in Survey No.180, Bajanai Koil Street, Karivedu Village, Ocheri Post, Ranipet District, the petitioner sent a representation on 15.8.2022 to the first respondent/District Collector. As the said representation did not evoke any response, the writ petition is filed.

3. Upon notice, learned counsel appearing on behalf of respondents 6 and 7 submitted that the property in question, where the tar road is sought to be laid, is their private property and there is a suit, bearing O.S.No.4 of 2023, pending before the District Munsif Court, Sholinghur.

4. In view of the above, leaving it open to the respective parties to workout their rights before the competent civil court, we direct the respondent authorities to dispose of the representation of the petitioner dated 15.8.2022 on merits and in accordance with law, after giving opportunity to all the parties concerned, preferably within a period of eight weeks.

The writ petition is disposed of accordingly. There shall be no order as to costs.

(R.M.D., ACJ.) (M.S.Q., J.) 06.06.2024 Index :

Yes/No NC :

Yes/No sasi To:

1.The District Collector, District Collector Office, Ranipet District.

2.The Revenue Divisional Officer, Arakkonam, Ranipet District.

3.The Block Development Officer, Kaveripakkam, Ranipet District.

4.The Tahsildar, Nemili Taluk, Ranipet District.

5.The Village Administrative Officer, Karivedu Village, Ocheri Post, Ranipet District.

THE HON'BLE ACTING CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.

(sasi) 06.06.2024