K.Kathirvel v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 01.06.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.13949 of 2015 and M.P.No.1 of 2015 K.Kathirvel .. Petitioner

Versus

1. The District Collector Salem District Salem 2 The Block Development Officer Idapaddi Salem District 3 The President Sithur Panchayat Idappadi Taluk Salem District.

.. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, forbearing the respondents from laying road in the petitioner patta land situated in Sithur Bit 2 Village Edapaddi Taluk Salem District comprised in Survey No. 338/3B 338/3H 339/2 and 341 by considering the petitioners representation dt 20.3.2015 and 14.4.2015. For Petitioner : Mr.R.Marudhachalamurthy For Respondents : Mr.R.A.S.Senthilvel Additional Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal.

2. The petitioner claims that he is the owner of the land situated in S.No.338/3B, 338/3H, 339/2 and 341, Sithur Bit-2 Village, Edapaddi Taluk, Salem District and his grievance is that the respondents without resorting to any legal procedures made attempts to lay a road on the said lands and in this regard, he submitted representations dated 20.03.2015 and 14.04.2015 and inspite of the receipt of the same, the respondents are proceeding further to lay the road and hence, came forward to file this writ petition. https://hcservices.ecourts.gov.in/hcservices/

3. Heard the submissions of Mr.R.Maruthachalamurthy, learned counsel appearing for the petitioner and Mr.R.A.S.Senthilvel, learned Additional Government Pleader, who accepts notice for the respondents.

4. Though, the petitioner prayed for a larger relief, in the facts and circumstances of this case, this Court, without going into the merits of the claim projected by the petitioner, directs the 2nd respondent to consider the representations dated 20.03.2015 and 14.04.2015 submitted by the petitioner, on merits and in accordance with law, after putting on notice the persons concerned and pass orders as expeditiously as possible and not later than six weeks from the date of receipt of a copy of this order and inform the decision taken, to the petitioner as well as to the persons concerned and till then maintain status-quo as it exists today.

5. The writ petition is disposed of, accordingly. No costs. Consequently, the connected Miscellaneous Petition is closed. ars s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To

1. The District Collector Salem District Salem 2 The Block Development Officer Idapaddi Salem District 3 The President Sithur Panchayat Idappadi Taluk Salem District.

+ 1 cc to M/s.R.Marudhachalamurthy, Advocate SR 25731 rsi(co) prk17/6 W.P.No.13949 of 2015 https://hcservices.ecourts.gov.in/hcservices/