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Madras High CourtWP/7842/2023dismissed

S.Boopathy v. The District Collector

2023-03-15Honourable The Acting Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.03.2023 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.7842 of 2023 S.Boopathy .. Petitioner Vs 1.The District Collector, Collectorate, Salem - 636 001 Salem District.

2.The Tahsildar, Kadayampatti Taluk, Kadayampatti - 636 351 Salem District.

3.The Block Development Officer, Kadayampatti, Kadayampatti Taluk, Salem District.

4.The Village President, Marakottai Village & Post, Kadayampatti Taluk, Salem District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India

seeking issuance of a writ of mandamus directing respondents 1 and 2 to consider the representation of the petitioner dated 07.12.2022 seeking a direction to the third respondent to lay a thar road in the place of mud road in S.Nos.383/2, 385/4 and 386/8, Marakottai Village, Kadayampatti Taluk, Salem District.

For the Petitioner : Mr.P.Mani For the Respondents : Mr.P.Muthukumar State Government Pleader

ORDER

(Order of the court was made by the Hon'ble Acting Chief Justice) S.Boopathy, son of Late Sundaram, a resident of Marakottai Village, Kadayampatti Taluk, Salem District, has filed this writ petition seeking issuance of a writ of mandamus directing respondents 1 and 2 to consider the representation of the petitioner dated 7.12.2022 praying for a direction to the third respondent to lay a thar road in the place of mud road in S.Nos.383/2, 385/4 and 386/8, Marakottai Village, Kadayampatti Taluk, Salem District.

2. Mr.P.Mani, learned counsel for the petitioner, would submit that the mud road which runs through S.Nos.383/2, 385/4 and 386/8, Marakottai Village, Kadayampatti Taluk, Salem District, is

connecting the residents of the petitioner's village to the thar road in Survey Nos.386/2 and 386/3 connecting the Kamaneri - Chinna Tirupath North - South Road, connecting Salem, Omalur, Semandapatti and Kadayampatti. The mud road is being used by the villagers from time immemorial. As the mud road is not properly maintained and is full of pits and stones, the villagers, school-going children and college students are facing difficulty in using the said road. The petitioner sent a representation to the respondent authorities on 7.12.2022 requesting them to lay a thar road. As the said representation did not evoke any response, the petitioner has been advised to file this writ petition.

3. Mr.P.Muthukumar, learned State Government Pleader accepting notice on behalf of the respondents, would submit that, if six weeks' time is granted, the third respondent will consider the representation of the petitioner dated 7.12.2022 and do the needful.

4. Recording the aforesaid statement made by learned State

Government Pleader, this writ petition is disposed of with a direction to the third respondent to consider the representation of the petitioner dated 7.12.2022 and do the needful within six weeks from the date of receipt of a copy of this order. There will no order as to costs.

(T.R., ACJ.) (D.B.C., J.) 15.03.2023 Index :

No No sasi To:

1.The District Collector, Collectorate, Salem - 636 001 Salem District.

2.The Tahsildar, Kadayampatti Taluk, Kadayampatti - 636 351 Salem District.

3.The Block Development Officer, Kadayampatti, Kadayampatti Taluk, Salem District.

4.The Village President, Marakottai Village & Post, Kdayampatti Taluk, Salem District.

THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(sasi) 15.03.2023