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Madras High CourtWP/1441/2022disposed of

S.K.Kaleem v. The District Collector

2025-08-26Honourable Mrs.Justice N. Mala6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2025

CORAM:

THE HONOURABLE MRS. JUSTICE N.MALA W.P.No.1441 o f 2022 S.M.Kaleem

...Petitioner

Vs

1. The District Collector District Collectorate Office, Krishnagiri - 635 115.

2. The Commissioner of Hosur Corporation Corporation Office, Bagalur Road, Hosur, Hosur Taluk - 635 109, Krishnagiri District.

3. Sampath Chetti.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, directing respondents 1 and 2 to consider the petitioners representation dated 01.12.2021 for removal of sewage pipes and canal laid down by the 3rd respondent and also for compensation for formation of road respectively in the lands comprised in Old Survey No.461/2 and in New Survey No.71 and Old Survey No.461/1A1 and in New Survey No.721/1 and 2 totally measuring an extent of 0.75 cents situated at Block - 13, Ward - A, Dhobi Colony, Hosur Town and Taluk, Krishnagiri 1/6

District, within the time to be stipulated by this Court. For Petitioner : M/s.U.Ramya for Mr.R.Bharath Kumar For Respondents : Mr.N.Naveen Kumar Government Advocate for R1 Mr.N.Subbarayalur for R2

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing respondents 1 and 2 to consider the petitioners' representation dated 01.12.2021 for removal of sewage pipes and a canal laid down by the 3rd respondent and also for compensation for formation of road, respectively in the lands comprised in Old Survey No.461/2 and in New Survey No.71 and Old Survey No.461/1A1 and in New Survey Nos.721/1 and 2, totally measuring an extent of 0.75 cents situated at Block - 13, Ward-A, Dhobi Colony, Hosur Town and Taluk, Krishnagiri District.

2. The petitioner and her siblings are the joint owners of property measuring 0.75 cents situated in Block - 13, Ward-A, Dhobi Colony, 2/6

Hosur Town, Krishnagiri District, originally purchased by their father, M.Sayed Mahboob John, through a registered sale deed in 1986. The property has been in their continuous possession and enjoyment. The petitioner later came to know that the third respondent, with alleged permission from the second respondent, laid sewage pipes and constructed a sewage canal within the said property without issuing any prior notice or initiating acquisition proceedings. Additionally, a road was also formed adjacent to the sewage canal over the petitioner's land without lawful authority.

3. The learned counsel for the petitioner submits that the acts of the second and third respondents are illegal, carried out without consent or notice, and in violation of principles of natural justice and Article 300-A of the Constitution of India. He submits that the petitioner made representation dated 01.12.2021 to the first and second respondents, seeking removal of the sewage installations and compensation for the road formation, but no action has been taken till date. Due to this inaction, the petitioner has been forced to approach this Court for appropriate direction.

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4. Learned Government Advocate appearing for R1 would submit that the representation of the petitioner dated 01.12.2021 would be considered on merits, in accordance with law within a time frame stipulated by this Court.

5. Heard both sides and perused the materials available on record.

6. Without going into the merits of the case, the first and second respondents are directed to consider the representation of the petitioner dated 01.12.2021 after conducting a detailed enquiry by giving due notice to the petitioner as well as third respondent, affording an opportunity of personal hearing, taking into consideration all the relevant documents submitted by both parties in regard to the subject matter property and pass appropriate orders on merits, in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order. In the result, the writ petition stands disposed of with the above 4/6

observations and direction. No costs.

26.08.2025 dpq/cda Index: Yes/No Speaking order / Non speaking order To

1. The District Collector, District Collectorate Office, Krishnagiri - 635 115.

2. The Commissioner of Hosur Corporation Corporation Office, Bagalur Road, Hosur, Hosur Taluk - 635 109, Krishnagiri District.

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N. MALA, J.

dpq W.P.No.1441 of 2022 26.08.2025 6/6