Thirumurthy v. The District Collector

In the High Court of Judicature at Madras Dated: 14.5.2015 Coram:

The Hon'ble Mr.Justice R.Subbiah Writ Petition No.14565 of 2015 Thirumurthy ..

Petitioner vs.

1.The District Collector, Cuddalore Dist.

2.The Assistant Director, All Panchayats, Cuddlore Dist.

3.Sivakami ..

Respondents Prayer: Petition is filed under Article 226 of the Constitution of India praying for the relief stated therein.

For petitioner :

Mr.M.Velmurugan For respondents :

Mr.P.Sanjay Gandhi, AGP.

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O R D E R

This Writ Petition has been filed seeking to direct the 1st respondent to consider the petitioner's representation dated 4.5.2015 and direct the 1st respondent to stop the illegal construction of the panchayat building put up by the 3rd respondent without permission, at old Survey No.24, new Survey No.58, to an extent of 3 cents owned by the petitioner at Melathannur village, Thittagudi Taluk,

Cuddalore District.

2. According to the petitioner, he is residing at the above mentioned address along with his family. The above said property was in exclusive possession and enjoyment of his grand-father Arunachalam, who had paid the house tax to the panchayat concerned. After his demise, the petitioner's father Kaliyamoorthy paid the tax to the panchayat till 2012. While so, the 3rd respondent, without any order or approval from the authority concerned, had trespassed into the said patta house site and removed the hut put up therein and started constructing a building for the use of the panchayat, which was objected to by the petitioner herein. In this connection, the petitioner made a representation dated 4.5.2015 to the 1st respondent. However, no steps have been taken by the authority till date. Hence, the present writ petition is filed.

3. Heard the submissions of the learned counsel on either side and perused the records. Considering the facts and circumstances of the case, without going into the merits and de-merits of the matter, the 1st respondent is directed to consider the representation of the petitioner dated 4.5.2015 and pass appropriate orders on merits, within a period of four weeks from the date of receipt of a copy of the order. The Writ Petition is disposed of accordingly. No costs.

gs.

14th May, 2015 Index:Yes/No.

Internet:Yes/No.

To 1.The District Collector, Cuddalore Dist.

2.The Assistant Director, All Panchayats, Cuddlore Dist.

R.Subbiah, J.

gs.

Writ Petition No.14565 of 2015 14.5.2015