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Madras High CourtWP/5619/2024disposed of

E.Karthikayan v. The District Collector

2024-03-08Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. Nos. 6212 and 6213 of 2024 E.Karthikeyan ... Petitioner -vs1. The District Collector Ranipet Collector Office Ranipet - 632401.

2. The Revenue Divisional Officer Ranipet Divisional Office Ranipet - 632401.

3. The Tahsildar Walaja, Ranipet District.

4. The President Amoor Town Panchayath Ranipettai District Pin : 632501.

5. The Executive Officer Amoor Town Panchayath Ranipettai District Pin - 632501.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First to Third Respondents to consider the representation letters dated 13.01.2024, 1/5

16.02.2024 and 17.02.2024 and thereby forbearing the Fourth and Fifth Respondents their men, agent(s), worker(s) interfering with Petitioner's right for free access to enter his vacant land admeasuring 25 cents comprised in S.Nos. 725/1 and 725/3, Amoor Village from Amoor - Edapalayam Road. For Petitioner :

Mr. S.Sivanandam For Respondents :

Mr. V.Ravi, SGP (RR1 to 3) Mr. R.V.Dinesh Rajkumar (RR4 & 5)

O R D E R

Heard Mr. S.Sivanandam, Learned Counsel for the Petitioner, Mr. V.Ravi, Learned Special Government Pleader, who takes notice for the First to Third Respondents and Mr. R.V.Dinesh Rajkumar, Learned Counsel, who takes notice for the Fourth and Fifth Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2.

The grievance ventilated by the Petitioner is that the land belonging to the Fourth and Fifth Respondents are blocking the access to his property for which he has made a representation dated 13.01.2024, 16.02.2024 and 17.02.2024 etc., as it did not evoke any response, it has necessitated the filing of this Writ Petition.

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3.

Having regard to the limited nature of relief sought, this Court without expressing any view on the merits of the controversy involved, passes the following order:- (i) the First Respondent shall immediately examine the representations dated 13.01.2024, 16.02.2024 and 17.02.2024 made by the Petitioner including ascertaining as to whether the Petitioner would be entitled for the relief claimed;

(ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to all persons concerned including the Petitioner requiring the same to be furnished within a time frame of not less than 10 days for it; (iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner and all other persons concerned to explain their position in that regard; and (iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated by 30.04.2024 under written acknowledgment. 3/5

In the result, the Writ Petition is disposed on the aforesaid terms. Consequently, connected Miscellaneous Petitions are closed. No costs. 08.03.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 05.04.2024.

Maya To

1. The District Collector Ranipet Collector Office Ranipet - 632401.

2. The Revenue Divisional Officer Ranipet Divisional Office Ranipet - 632401.

3. The Tahsildar Walaja, Ranipet District.

4. The President Amoor Town Panchayath Ranipettai District-632501.

5. The Executive Officer Amoor Town Panchayath Ranipettai District - 632501.

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P.D. AUDIKESAVALU, J.

Maya 08.03.2024 5/5