S.Govarthanan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.07.2020 CORAM :

THE HON'BLE MR. JUSTICE N.ANAND VENKATESH W.P.No.9811 of 2020 and W.M.P.No.11927 of 2020 S.Govarthanan ... Petitioner Vs.

1. The District Collector, Chengalpattu District, Chengalpattu.

2. The Divisional Engineer, Highways Department, Chengalpattu District.

3. The Tahsildar, Chengalpattu Taluk, Chengalpattu District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus to direct the respondents to consider the representation dated 18.03.2020 and not to demolish the shops situated at No.712, Nelikuppam Salaikayarambedu, Chengalpattu District without following due process of law. For Petitioner : Mr.T.Aravindhan For Respondents: Mr.K.Parameshwaran Government Advocate

O R D E R

(The case has been heard through video conference) This writ petition has been filed for the issue of Writ of Mandamus, directing the respondents to consider the representation dated 18.03.2020 and not to demolish the shops without following due process of law.

2. The case of the petitioner is that the petitioner is the owner of the property and he is said to have inherited the property from his grand father. The petitioner made a representation to the respondent on 18.03.2020, requesting the respondent not to demolish the property. In spite of the same, steps are taken to demolish the property.

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3. Heard Mr.T.Aravindhan, learned counsel appearing on behalf of the petitioner and Mr.K.Parameshwaran, learned Government Advocate appearing for the respondents.

4. Taking into consideration the facts and circumstances of this case and the limited relief that has been sought for in this writ petition, there shall be a direction to the second and third respondents to consider the representation made by the petitioner on 18.03.2020 and pass orders strictly in accordance with law and inform the petitioner, the decision taken by them within a period of two weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the second and third respondents along with a copy of the representation dated 18.03.2020 and a copy of this order.

5. This writ petition is disposed of with the above directions. No costs. Connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar sni To

1. The District Collector, Chengalpattu District, Chengalpattu.

2. The Divisional Engineer, Highways Department, Chengalpattu District.

3. The Tahsildar, Chengalpattu Taluk, Chengalpattu District.

W.P.No.9811 of 2020 RSK(CO) GMY(11/09/2020) https://hcservices.ecourts.gov.in/hcservices/