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Madras High CourtWP/5174/2019disposed of

K.Komalavalli v. The District Collector

2019-02-22Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.5174 of 2019 K.Komalavalli

...Petitioner

Vs.

1.The District Collector Kanchipuram District Kanchipuram - Vanthavasi Salai Pincode- 631 501.

2.The District Revenue Officer Kanchipuram District Kanchipuram - Vanthavasi Salai Pincode- 631 501.

3.The Tahsildar Chengalpattu Taluk Chengalpattu - 603 001.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 to remove the gravel dumped in the 10 feet common pathway obstructing the ingress and egress to the petitioner and her tenants, residing at Door No.2/46 admeasuring an extent of 12.5 cents comprised in Survey No.261/5, in Meetu Street, Nandhivaram Village, Chengalpattu Taluk, Kanchipuram District, based on the representation dated 26.10.2018 to the respondents.

For Petitioner :

Mr.A.V.Bharathi For Respondents :

Mr.E.Balamurugan Special Government Pleader

O R D E R

Mr.E.Balamurugan, learned Special Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. Heard both sides.

3. The petitioner seeks for a Mandamus directing the respondents 1 to 3 to remove the gravel dumped in the 10 feet common pathway obstructing the ingress and egress to the petitioner and her tenants, residing at Door No.2/46 admeasuring an extent of 12.5 cents comprised in Survey No.261/5, in Meetu Street, Nandhivaram Village, Chengalpattu Taluk, Kanchipuram District, based on the representation dated 26.10.2018.

4. The petitioner claims that the gravel is stored in a common pathway, thereby, obstructing the ingress and egress to her property.

5. 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 third respondent to consider and decide the same on merits and in accordance with law. Accordingly, this writ petition is disposed of, only by directing the third respondent to consider the representation dated 26.10.2018 and take appropriate action and pass orders on the same on merits and in accordance with law, after hearing the petitioner and other interested parties, if any. Such exercise shall be done by the third respondent within a period of four weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.The District Collector Kanchipuram District Kanchipuram - Vanthavasi Salai Pincode- 631 501.

2.The District Revenue Officer Kanchipuram District Kanchipuram - Vanthavasi Salai Pincode- 631 501.

3.The Tahsildar Chengalpattu Taluk Chengalpattu - 603 001.

+1cc to Mr.A.V.Bharathi, Advocate, S.R.No.16524 +1cc to the Government Pleader, S.R.No.17018 W.P.No.5174 of 2019 MP(CO) GSP(25/02/2019)