R.Balakrishnan v. The Executive Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.06.2015

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.15665 of 2015 and M.P.No.1 of 2015 R.Balakrishnan ..

Petitioner Vs.

1 The Executive Officer Kurinjipadi Town Panchayat, Kurinjipadi Kurinjipadi Taluk, Cuddalore District.

2 The Assistant Director Panchayat Division, Cuddalore District Cuddalore.

3 The Collector Cuddalore District, Cuddalore.

4 Sakthivel ..

Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to protect the Right of the Petitioner to use Road measuring 14 feet East-West X 375 Feet North-South in New S.No.158/5 Hec. 0.51.0 in Meenakshipettai Village, Hamlet of Ellappanpettai, Kurinjipadi Kurinjipadi Taluk, Cuddalore District, as given in his Sale Deed dated 24.11.2011.

For Petitioner : Mr.R.Gururaj For Respondents 1 to 3 : Mr.V.Subbiah Special 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 purchaser of a plot ad-measuring to the extent of 4760 sq.ft, through a registered sale deed dated 24.11.2011 and the grievance of the petitioner is that the fourth respondent, who has purchased 3 1⁄2 cents, is trying to encroach upon the public road and in this regard, a representation had been submitted to the respondents 1 to 3 on 21.04.2015 followed by a reminder dated 27.04.2015 and since he has not been favoured https://hcservices.ecourts.gov.in/hcservices/

with any response, he came forward to file this writ petition.

3. Heard the submissions of Mr.R.Gururaj, learned counsel appearing for the petitioner and Mr.V.Subbiah, learned Special Government Pleader, who accepts notice for the respondents 1 to 3.

4. This Court, without going into the merits of the case projected by the petitioner and the representations, directs the first respondent to consider and dispose of the representations dated 21.04.2015 and 27.04.2015 in accordance with law, after putting the fourth respondent on notice and pass orders within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner as well as the fourth respondent.

5.

The writ petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar True Copy Sub Assistant Registrar mra To 1 The Executive Officer Kurinjipadi Town Panchayat, Kurinjipadi Kurinjipadi Taluk, Cuddalore District.

2 The Assistant Director Panchayat Division, Cuddalore District Cuddalore.

3 The Collector Cuddalore District, Cuddalore.

1 cc to Mr..R.Gururaj , Advocate Sr.No.26723 2 cc to Government Pleader.Sr.No.26677 W.P.No.15665 of 2015 and M.P.No.1 of 2015 kji(co) pmk.18.6.2015 https://hcservices.ecourts.gov.in/hcservices/