Chinnasamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2025

CORAM

THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Chinnasamy ... Petitioner vs.

1. The District Collector, Krishnagiri District.

2. The District Revenue Officer, District Revenue Officer, Krishnagiri.

3. The Block Development Officer, Block Development Office, Kaveripattinam.

4. The Tahsildar, Tahsildar Office, Krishnagiri.

5. The President, Erumampatti Panchayat, Krishnagiri.

6. Vignesh .. Respondents Page No.1 of 6

Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the respondent to consider the representation of the petitioner dated 04.10.2024 and direct the 1st respondent not to construct any cement road on Vaykkal Porammokku Land situated at Thopoor Village, Baleguli Post, Krishnagiri Taluk & District comprised in Survey Nos.334 and 335. For Petitioner : Mr.T.Ramkumar For R1, R2 & R4 : Mr.M.Rajendiran Addl.Govt.Pleader For R3 & R5 : M/s.P.Aishwarya Govt.Advocate.

ORDER

Consent of both the parties, this writ petition is disposed of at the time of admission stage itself.

2. The present writ petition has been filed to direct the respondent to consider the representation of the petitioner dated 04.10.2024 and direct the 1st respondent not to construct any cement road on Vaykkal Porammokku Land situated at Thopoor Village, Baleguli Post, Krishnagiri Page No.2 of 6

Taluk & District comprised in Survey Nos.334 and 335.

3. It is the case of the petitioner that in the year 2022, the Government of Tamil Nadu declared the lands situated at Thopoor Village, Baleguli Post, Krishnagiri Taluk & District comprised in S.Nos.334 & 335 as Vaykkal Poramboku land and demolished the buildings constructed on the said land and thereafter used the same as a water way for the purpose for irrigation and other purposes. Thereafter, 6th respondent filed W.P.No.399 of 2022 against the local body to lay cement road on survey Nos.335, 336, 358/15 & 369/2 and the same was dismissed. Thereafter, some residents of their village has approached the 5th respondent to lay cement road passing through the said survey numbers and by considering the same, the 5th respondent also has decided to lay a cement road and for the said purpose fund also allocated.

However, the 5th respondent has approved for construction of WBM Road at Erumampatti Thopoor to Karukkan Kottai, 6th respondent house. Hence, the petitioner sent a representation dated 04.10.2024 to the respondents to withdraw the approval and not to put up a road on a Vaikkal Poramboku land situated on the said survey numbers. However, no Page No.

action has been taken on the said representation by the 5th respondent. Hence, the petitioner has filed the present writ petition.

4. The learned Additional Government Pleader appearing for the respondents 1, 2 & 4 submitted that the representation of the petitioner dated 04.10.2024 will be considered by the third respondent on merits in accordance with law that may be stipulated by this Court.

5. Heard the learned counsel appearing on either side and also perused the materials available on records.

6. In view of the above submissions made by the learned counsel on either side, the third respondent is directed to consider the representation of the petitioner dated 04.10.2024 after giving due notice to the petitioner as well as the 6th respondent, affording an opportunity of personal hearing, to consider the documents filed by both the parties, on merits, in accordance with law and pass appropriate orders, within a period of six weeks from the date of receipt of a copy of this order. Page No.4 of 6

This writ petition stands disposed of with the above observation and direction. No costs.

05.03.2025 Index : Yes/No.

Internet : Yes/No.

Speaking : Non-speaking Order kkd To

1. The District Collector, Krishnagiri District.

2. The District Revenue Officer, District Revenue Officer, Krishnagiri.

3. The Block Development Officer, Block Development Office, Kaveripattinam.

4. The Tahsildar, Tahsildar Office, Krishnagiri.

5. The President, Erumampatti Panchayat, Krishnagiri.

Page No.5 of 6

J.SATHYA NARAYANA PRASAD,J.

kkd 05.03.2025 Page No.6 of 6