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Madras High CourtWP/4370/2025disposed of

Jayakumar v. The District Collector

2025-02-14Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.4370 of 2025 Mr.Jayakumar ... Petitioner Vs.

1.The District Collector, District Collectorate, Perambalur - 621 212.

2.The Revenue Divisional Officer, Perambalur - 621 212.

3.The Block Development Officer, Perambalur - 621 212.

4.The Tahsildar, Perambalur - 621 212.

5.The Superintendent of Police, Perambalur.

6.The Village Administrative Officer, Keelakarai Village, Perambalur.

7.Palaniswamy 8.Ammasi 1/6

9.Kaveri 10.Kulanthaivelu 11.Kumar 12.Marappan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to act upon the representation of the petitioner dated 28.10.2024 and further direct the 5th respondent to provide police protection in carrying out the orders of the 1st respondent.

For Petitioner : Mr.Adithiyan Viswanathan for Mr.Jayaram For Respondents : Mr.R.P.Muruganraja Government Advocate for R1, R2 and R4 Mr.L.S.M.Hasan Fizan Additional Government Pleader for R3 Mr.V.J.Priyadarsana Government Advocate for R5

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the 1st respondent to act upon the representation made by the petitioner and for a 2/6

further direction to clear the pathway which has already been identified as a geological pathway by the proceedings of the 2nd respondent dated 12.10.2013. 2.Heard Mr.Adithiyan Viswanathan, learned counsel appearing on behalf of the petitioner, Mr.R.P.Muruganraja, learned Government Advocate appearing on behalf of respondents 1, 2 and 4, Mr.L.S.M.Hasan Fizan, learned Additional Government Pleader appearing on behalf of the 3rd respondent and Mr.V.J.Priyadarsana, learned Government Advocate (Criminal Side) appearing on behalf of the 5th respondent.

3.The specific case of the petitioner is that there is a common pathway which is being used by the residents of the village. During the year 2013, the 2nd respondent issued an order directing the 4th respondent to clear all the obstructions and make the pathway fit for vehicular movement. It was also designated as a geological pathway. Thereafter, the 3rd respondent also issued the order to convert the pathway into a Single Layer WBM Road. The 4th respondent was intending to act upon the order and he also sought for police protection. However, the private respondents were causing disruption and as a result, the work was not able to be undertaken.

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4.The petitioner made a representation in this regard before the 1st respondent on 28.10.2024. Since the same was not acted upon, the present writ petition has been filed before this Court.

5.Taking into consideration the facts and circumstances of the case and on going through the proceedings of the 2nd respondent dated 12.10.2013 and also of the proceedings of the 3rd respondent dated 16.02.2024, there shall be a direction to the 4th respondent to act upon the same and to take steps for laying a Single Layer WBM Road for the benefit of all the villagers. In case of any disruption, the 5th respondent to provide police protection and ensure that the work is completed. 6.This writ petition is disposed of with the above directions. No Costs. 14.02.2025 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr 4/6

To 1.The District Collector, District Collectorate, Perambalur - 621 212.

2.The Revenue Divisional Officer, Perambalur - 621 212.

3.The Block Development Officer, Perambalur - 621 212.

4.The Tahsildar, Perambalur - 621 212.

5.The Superintendent of Police, Perambalur.

6.The Village Administrative Officer, Keelakarai Village, Perambalur.

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N. ANAND VENKATESH, J.

ssr W.P.No.4370 of 2025 14.02.2025 6/6