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Madras High CourtWP/2247/2018disposed of

K.Anbazhagan, v. The District Collector,

2018-02-02Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.2247 of 2018 K.Anbazhagan

...Petitioner

Versus

1.The District Collector, Namakkal District, Namakkal.

2.The Block Development Officer, Mallasamuthiram, Namakkal District.

3.The Special Officer, Kalluppalayam Panchayat, Melkalpalapalayam Post, Namakkal District - 637 403.

.. Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 20.01.2018, within a stipulated time. For Petitioner : Ms.SM.Kothai Muthu Meenal For Respondents : Mr.N.Manikandan Government Advocate

O R D E R

This writ petition has been filed seeking for issuance of writ of mandamus, directing the respondents to consider the petitioner's representation dated 20.1.2018, within a stipulated time.

2.The case of the petitioner is that, his mother Mrs.Kanthayi, purchased the property to an extent of 98 cents (1/4th share) in S.F.No.56/1 of Kallupalayam Village, Namakkal District, through a registered sale deed dated 09.3.1964, in document No.465/1964.

3. The petitioner further stated that his mother passed away on 28.1.2004, thereafter, he along with his brother Mr.Rajendran are in possession and enjoyment of the property. The petitioner alleged that a cart track at the width of 4.5 meters is already existing on the west, south and north sides of the petitioner's property. But, now the respondents 2 and 3 are taking steps to form a road at a width of 9 meters by encroaching the property of the petitioner. So, he opposed their action and submitted a representation on 20.01.2018. Since no action was taken, the present writ petition.

4. Heard both sides and perused the material documents available on the record.

5. In the light of the above grievance expressed by the petitioner, this Court without going into the merits of the case, direct the first respondent to take appropriate action on the representation of the petitioner dated 20.1.2018 on merits and in accordance with law and pass orders, within a period of eight weeks from the date of receipt of a copy of this order, after providing an opportunity to all the necessary parties.

6. Accordingly, this writ petition stands disposed of. No costs.

-Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar To 1.The District Collector, Namakkal District, Namakkal.

2.The Block Development Officer, Mallasamuthiram, Namakkal District.

3.The Special Officer, Kalluppalayam Panchayat, Melkalpalapalayam Post, Namakkal District - 637 403.

+ 1 cc to Mr.S.Rajeshkannan, Advocate Sr.No.8059 + 1 cc to The Government Pleader Sr.No.9032 W.P.No.2247 of 2018 VS 27/02/2018