Narayanan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.04.2023 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and WMP No.11245 of 2023 Narayanan ... Petitioner -Vs1.The District Collector Villupuram District Villupuram.

2. The Block Development Officer Koliyanur Panchayat Union Koliyanur Villupuram District.

3. The Director of Elementary Education DPI Campus, College Road Chennai - 600 006.

4.The Block Education Officer Villupuram, Villupuram District.

.. Respondents Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents from constructing the building in Survey No.128/26, Orukodi Village, Villupuram Taluk and District by considering the petitioner's representation dated 29.03.2023.

For Petitioner Mr.C.Munusamy For Respondents Mrs.S.Mythreye Chandru Special Government Pleader for R1, R3, R4 Mr.T.N.C.Kaushik Additional Government Pleader for R2

O R D E R

This writ petition has been filed for the issue of a writ of mandamus forbearing the respondents from constructing any building in Survey No.128/26, Orukodi Village, Villupuram Taluk and District, after considering the representation made by the petitioner on 29.03.2023.

2.Heard Mr.C.Munusamy, learned counsel for the petitioner, Mrs.S.Mythreye Chandru learned Special Government Pleader for R1, R3, R4 and Mr.T.N.C.Kaushik, learned Additional Government Pleader for R2.

3.The grievance of the petitioner is that the petitioner is having his property which is claimed to be agricultural lands in Survey No.74/1A. According to the petitioner, the respondents are taking steps to construct a terraced building in Survey.No.128/26. If such a construction is put up by the respondents, according to the petitioner, it will completely block the ingress and egress to the property belonging to the petitioner and also the ingress and egress of the students who were using the same as a pathway.

4.The learned Special Government Pleader appearing on behalf of the respondents 1,3 and 4 and the learned Additional Government Pleader appearing on behalf of the 2nd respondent, on instructions submitted that there is absolutely no blockage of ingress and egress and the representation made by the petitioner will be suitably replied by the 2nd respondent within the time limit fixed by this Court. 5.In the light of the above submission, this writ petition is disposed of with a direction to the 2nd respondent to give a reply to the representation made by the petitioner on 29.03.2023, within a period of four weeks from the date of receipt of copy of this order. 6.This writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

13.04.2023 KP Internet : Yes/No Index : Yes/No Speaking Order:Yes/No

N.ANAND VENKATESH, J.

KP To 1.The District Collector Villupuram District Villupuram.

2. The Block Development Officer Koliyanur Panchayat Union Koliyanur Villupuram District.

3. The Director of Elementary Education DPI Campus, College Road Chennai - 600 006.

4.The Block Education Officer Villupuram, Villupuram District.

13.04.2023