C. Ayyasamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.01.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.927 of 2018 C.Ayyasamy S/o.Chellan .. Petitioner Vs.

1.The District Collector Cuddalore District.

2.The Tahsildar Virudhachalam Taluk Cuddalore District.

3.Tamilarasan The Village Administrative Officer Siruvambur Village Administration Office Cuddalore District.

4.Selvam Siruvambar Village T.Mavidandhal (PO) Virudhachalam Taluk Cuddalore - 606 305.

5.Subramani Siruvambar Village T.Mavidanthal (PO) Virudhachalam Taluk Cuddalore - 606 305.

6.Velu Srivambar Village T.Mavidanthal (PO) Virudhachalam Taluk Cuddalore - 606 305.

... Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st and 2nd respondents to consider the petitioner's representation letter dated 20.12.2017 filed by the petitioner.

For Petitioner : Mr.S.Ramajayam For Respondents : Mr.D.Suriya Narayanan Additional Government Pleader for R1 to R3

O R D E R

Mr.D.Suriya Narayanan, learned Additional Government Pleader takes notice for the respondents 1 to 3. Notice to the respondents 4 to 6 is dispensed with, since this writ petition is being disposed of, without passing any positive order affecting the interest of those respondents.

2. The petitioner claims that the land in Survey No.132/3 in Siruvambur Village, Virudhachalam Taluk, Cuddalore District, absolutely belongs to him and patta also stands in his name. It is his case that the adjacent poromboke land is the only land as an access to his patta land. The grievance of the petitioner is that the respondents 4 to 6 are trying to obstruct the said access land, by putting the same into use, as if it is their private property. Ventilating such grievance, the petitioner has made a representation to the respondents 1 & 2 on 20.12.2017. It is stated that the said representation has not been considered so far.

3. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the respondents 1 & 2 to consider and decide the issue, based on the representation made by the petitioner as well as the objections / contentions to be raised by the respondents 4 to 6. However, this writ petition is disposed of, only with a direction to the second respondent to consider the representation of the petitioner dated 20.12.2017 and pass orders on the same on merits and in accordance with law, after giving due opportunity of hearing to the petitioner and also to the respondents 4 to 6. Such exercise shall be done by the second respondent within a period of eight weeks from the date of receipt of a copy of this order. No costs. s/d- Assistant Registrar(CS VII) True Copy Sub-Assistant Registrar

mk To 1.The District Collector Cuddalore District.

2.The Tahsildar Virudhachalam Taluk Cuddalore District.

+1 CC to Mr.S.Ramajayam, Advocate (SR.No.3521) +1 CC to the Government Pleader, High Court, Madras(SR.No.4118) W.P.No.927 of 2018 BR(CO) MS:03/02/2018