Pachaiappan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.08.2018

CORAM

THE HON'BLE MR. JUSTICE R.MAHADEVAN W.P.No.1062 of 2014 Pachaiappan ... Petitioner Vs 1.The District Collector, Villupuram.

2.The Revenue Divisional Officer, Kallakurichi, Villupuram District.

... Respondents PRAYER : Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus, to direct the 2nd respondent to consider the representation of the petitioner dated 30.09.2013 within the stipulated time.

For Petitioner : Mr.N.Umapathi For Respondents : Mr.V.Shanmuga Sundar, Special Government Pleader

O R D E R

The petitioner has come up with this writ petition seeking a direction to the second respondent to consider the representation made by the petitioner on 30.09.2013, to restrain the respondents from constructing a Veterinary Hospital in the Gramanatham Land, nearer to the Patta land belonging to the petitioner.

2. According to the learned counsel for the petitioner, the petitioner has submitted a representation claiming the same relief as prayed in this writ petition, but, the said representation is yet to be disposed of by the second respondent. However, the learned counsel submitted that it would suffice, if the representation dated 30.09.2013 made by the petitioner is directed to be considered by the second respondent, on merits.

3. Mr.V.Shanmuga Sundar, learned Special Government Pleader appearing for the respondents, submitted that the second https://hcservices.ecourts.gov.in/hcservices/

respondent may be directed to consider the petitioner's representation dated 30.09.2013 and pass orders in accordance with law.

4. Having regard to the submissions made by the learned counsel on either side and also taking into consideration the limited prayer sought for in the writ petition, this Court directs the second respondent to consider the petitioner's representation dated 30.09.2013 and pass appropriate orders, on merits and in accordance with law, if not considered earlier, after affording due opportunity of hearing to the petitioner as well as any of the interested parties, within a period of six weeks from the date of receipt of a copy of this order.

5. Accordingly, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar gsk To 1.The District Collector, Villupuram.

2.The Revenue Divisional Officer, Kallakurichi, Villupuram District.

+1cc to Mr.N.Umapathi, Advocate, S.R.No.56621 +1cc to the Government Pleader, S.R.No.57674 W.P.No.1062 of 2014 CA(CO) GSP(05/10/2018) https://hcservices.ecourts.gov.in/hcservices/