R.Mathesan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.06.2021
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.8193 of 2021 1.R.Mathesan 2.R.Mahendran ..Petitioners vs.
1.The District Collector, Salem District, Salem.
2.The Assistant Director, Town and Country Planning, 6, Sannathi Street, Subramaniya Nagar, Suramangalam, Salem-5.
3.The Thasildar, Mettur, Salem District.
4.The Executive Officer, Kolathur Special Grade Town Panchayat, Kolathur, Salem District.
5.S.Anbarasu.
..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 4 to consider the petitioner's representation dated 05.10.2020 on merits within the time limit fixed by this Court.
For Petitioner : Mr.A.Sriram For Respondents : Mr.A.Selvendran Government Advocate for R1 & R3 Mr.M.Elumalai, Government Advocate for R2 Mr.V.Prabhu for R4 Mr.S.Doraisamy for R5
O R D E R
This writ petition has been filed seeking a Mandamus directing the respondents 1 to 4 to consider the petitioner's representation dated 05.10.2020 on merits within the stipulated time.
2. The learned counsel appearing for the petitioner would submit that the petitioner, in his representation dated 05.10.2020 submitted to the respondents 1 to 4, has objected for the conversion of agricultural lands belonging to the fifth respondent to an extent of 2.5 acres in S.F.Nos.73/9 and 73/1B/B2 in Patta No.2459 in Kolathur Village, Mettur Taluk, Salem District into Housing Plots and however, no orders have been passed on the petitioner's representation and therefore, has filed the present writ petition.
3. The learned Government Advocate appearing for the official respondents 1 to 4 would submit that the representation submitted by the petitioner dated 05.10.2020 would be considered by the respondents 1 to 4 in accordance with law and orders will be passed at the earliest.
4. The learned counsel appearing for the fifth respondent would submit that the respondents 1 to 4 may provide sufficient opportunity to the fifth respondent before passing orders on the petitioner's representation.
5. Consideration the limit scope of prayer sought for in the writ petition and without expressing any opinion on merits, this Court directs the second respondent to consider the petitioner's representation dated 05.10.2020, after providing opportunity to the parties concerned and pass orders on merits and in accordance with law as expeditiously as possible, preferably within a period of twelve weeks from the date of receipt of a copy of this order.
6. With the above directions, this writ petition stands disposed of. No costs.
s/d- Assistant Registrar True Copy Sub-Assistant Registrar Jvm To 1.The District Collector, Salem District, Salem.
2.The Assistant Director, Town and Country Planning, 6, Sannathi Street, Subramaniya Nagar, Suramangalam, Salem-5.
3.The Thasildar, Mettur, Salem District.
4.The Executive Officer, Kolathur Special Grade Town Panchayat, Kolathur, Salem District.
+1 CC to The Government Pleader sr 30572 & 30403. +1 CC to Mr.L. Mouli, Advocate sr 30596.
+1 CC to Mr.S. Doraisamy, Advocate sr 30351.
W.P.No.8193 of 2021 SSD(CO) SP(07/07/2021)