K.Thangavel v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.12.2017
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.32816 of 2017 and WMP.No.36164 of 2017 1.K.Thangavel Son of Kondappa Naicker 2.R.Kumaresan Son of late Rangasamy 3.R.Poosari Kondappa Naicker Son of Rangamma Naicker .. Petitioners versus 1.The District Collector Nammakkal District Office of the Collectorate Thiruchengode Road, Namakkal - 637 003.
2.The Revenue Inspector Office of the Revenue Inspector Puduchathiram Post Puduchathiram Namakkal - 637 001.
3.Village Administrative Officer Kathira Nallur Village Singalanthapuram via Kathira Nallur Post 637 412 Namakkal Taluk and District.
4.The Special Officer Kathira Nallur Village Singalanthapuram via Kathira Nallur Post 637 412 Namakkal Taluk and District.
.. Respondents Writ petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, forbearing the respondents from in any manner proceeding with the relaying of the pathway in R.S.No.243/1A and 249 in Kathira Nallur Village, Namakkal Taluk and District, pending the representation of the petitioners dated 20.11.2017 seeking to survey of lands
meant for the owners of the land adjoining the pathway. For Petitioners : Mr.S.Umapathy For Respondents : Mr.R.Govindasamy Special Government Pleader for R1 to R3 Mr.O.R.Maheswaran Government Advocate for R4
O R D E R
Mr.R.Govindasamy, learned Special Government Pleader takes notice for the respondents 1 to 3. Mr.O.R.Maheswaran, learned Government Advocate takes notice for the fourth respondent. By consent of the parties, the main writ petition itself is taken up for final disposal at the admission stage itself. 2.Heard both sides.
3. The petitioners seek for a mandamus forbearing the respondents from in any manner proceeding with the re-laying of the pathway in R.S.No.243/1A and 249 in Kathira Nallur Village, Namakkal Taluk and District, based on apprehension of these petitioners as though such re-laying of the pathway are going to affect their land as well.
4. Ventilating such grievance, the petitioners made an individual representation on 20.11.2017 to the respondents. The grievance of the petitioners before this Court is that the said representation has not been considered so far. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioners or the apprehension expressed by them, as it is for the respondents, more particularly, the fourth respondent herein, who is the concerned official to consider the grievance of the petitioners and pass orders on the same in accordance with law. Accordingly, this writ petition is disposed of, only by directing the fourth respondent to consider the representation of the petitioners and pass orders on the same on merits and in accordance with law. Such exercise shall be done by the fourth respondent within a period of three weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS IV) //True copy// Sub Assistant Registrar mk
TO 1.The District Collector Nammakkal District Office of the Collectorate Thiruchengode Road, Namakkal - 637 003.
2.The Revenue Inspector Office of the Revenue Inspector Puduchathiram Post Puduchathiram Namakkal - 637 001.
3.Village Administrative Officer Kathira Nallur Village Singalanthapuram via Kathira Nallur Post 637 412 Namakkal Taluk and District.
4.The Special Officer Kathira Nallur Village Singalanthapuram via Kathira Nallur Post 637 412 Namakkal Taluk and District.
+1cc to Mr.S.Umapathy, Advocate SR.No.90105 +1cc to Government Pleader SR.No.90852 W.P.No.32816 of 2017 PVS(CO) GN(17/01/2018)