Madras High CourtWP/9469/2021disposed of

B.Rajan v. The District Collector,

2021-08-03Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.08.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.9469 of 2021 B.Rajan .. Petitioner .Vs.

1.The District Collector, Krishnagiri District, Krishnagiri.

2.The District Revenue Officer, Krishnagiri District, Krishnagiri.

3.The Revenue Divisional Officer, Hosur, Krishnagiri District.

4.The Tahsildar, Denkanikottai Taluk, Krishnagiri District.

5.The Block Development Officer, Thali, Krishnagiri District.

6.The President, Padikanalam Village Panchayat, Agalakotta Division, Denkanikotai Taluk, Krishnagiri District.

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents to remove the Thar Road laid down on the petitioner's patta and land comprised in S.Nos.480/4A, 4B and 4C, Padkanalam Village, Denkanikottai Taluk, Krishnagiri District and take appropriate action to lay the Thar Road as per the plan in accordance with the village map by considering the petitioner's representation dated 15.03.2021.

For Petitioner :

Mr.R.Jayaprakash For Respondents :

Mr.A.Selvendran Government Advocate

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the respondents to consider the representation made by the petitioner on 15.03.2021, wherein, the petitioner has sought for the removal of the road that has been laid in the patta lands belonging to the petitioner.

2. Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents.

3. The grievance expressed by the petitioner is that the subject properties are his private properties and he is in possession and enjoyment of the same. While so, the 6th respondent had proceeded to lay a road and while undertaking the said exercise, the road has also been laid in the private property belonging to the petitioner. The petitioner therefore made a representation on 15.03.2021, to the respondent requesting for removing the road that has been laid in the property belonging to the petitioner. Since the same was not considered, the present writ petition was filed before this court seeking for appropriate directions.

4.Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the 5th respondent to consider the representation made by the petitioner on 15.03.2021, on its own merits and in accordance with law and take a decision within a period of six weeks from the date of receipt of copy of this order.

5.The petitioner is directed to make a fresh representation to the 5th respondent along with all the relevant documents and also a copy of this order. The petitioner shall also mark a copy of the representation to the 6th respondent. 6.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar

kp To 1.The District Collector, Krishnagiri District, Krishnagiri.