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Madras High CourtWP/9103/2020disposed of

K.Balamurugan v. The District Collector

2020-07-10Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice R. Hemalatha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2020

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.No.9103 of 2020 & W.M.P.No. 11093 of 2020 K.Balamurugan .. Petitioner Vs 1.The District Collector Collectorate Salem District-636 001.

2.The District Revenue Officer Cum Project Director Collectorate, Salem District-636 001.

3.The Tahsildar Taluk Office, Attur Taluk, Salem District.

4.The Agricultural Officer Agriculture Department Attur Taluk and Town Salem District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the Respondents 1 to 4 to take appropriate steps for finding alternate site which is readily available in the petitioner's village namely Kamakapalyam Village, Attur Taluk and Salem District for the proposed construction of building by the 4th respondent based on the petitioner's representation dated 13.06.2020.

For Petitioner ..

Mr.A.Rajkumar For Respondents ..

Mr.G.K.Muthukumar, Spl G.P.

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Seeking a direction to the respondents to take appropriate steps for finding alternate site which is readily available in the petitioner's village namely Kamakapalyam Village, Attur Taluk and Salem District for the proposed construction of building by the 4th respondent based on the petitioner's representation dated 13.06.2020, the present writ petition has been filed.

2. Though a larger prayer has been sought for, taking into consideration the fact that the petitioner's representation dated 13.06.2020 is pending consideration with the first respondent, we call upon the said authority to look into the same and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. We are quite conscious of the fact that the petitioner does not have any legal right to insist that the particular place will have to be chosen nor a direction can be issued in this regard, ultimately, it is for the first respondent to take a decision.

3. The writ petition stands disposed of accordingly. No costs. Consequently, connected W.M.P.No. 11093 of 2020 is closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar mmi/ssm To 1.The District Collector Collectorate Salem District-636 001.

2.The District Revenue Officer Cum Project Director Collectorate, Salem District-636 001.

3.The Tahsildar Taluk Office, Attur Taluk, Salem District.

4.The Agricultural Officer Agriculture Department Attur Taluk and Town Salem District.

W.P.No.9103 of 2020 MR(CO) SP(31/07/2020)