M.Kaliyan v. The Assistant Executive Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.04.2025 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.12716 of 2025 M.Kaliyan ... Petitioner Vs.
1.The Assistant Executive Engineer, Rural Development and Panchayat Raj Department, Cuddalore Road, Virudhachalam - 606 001.
2.The Block Development Officer, Cuddalore Road, Virudhachalam.
3.The Village Panchayat President, Vilangattur Village, Virudhachalam Taluk, Cuddalore District.
4.Jegasamy 5.Anandan ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the respondents 1 to 3 herein to consider the petitioner's representation dated 24.02.2025. For Petitioner :
Mr.C.Munusamy Page No.1 of 6
For Respondent 1 : Mr.M.Rajendiran, Additional Government Pleader For Respondents 2 & 3 : Mr.R.Sidharath, Additional Government Pleader
O R D E R
The petitioner has filed this petition to direct the respondents 1 to 3 herein to consider the petitioner's representation dated 24.02.2025.
2. The case of the petitioner is that the petitioner, along with two others, was declared a second-class legal heir of the deceased Chinnapillai by a competent civil court on 30.06. 2016. Subsequently, on 19.11.2023, the private respondents and others allegedly interfered with the suit property using fabricated documents, prompting the petitioner to file a civil suit in O.S.No.455 of 2023 before the Additional District Judge No. III, Cuddalore @ Virudhachalam, which is currently pending. Despite the pendency of the suit, on 24.02.2025, the official respondent allotted a house to the fifth respondent under the Pradhan Mantri Awas Yojana (PMAY) on the disputed property. The petitioner contends that the fifth respondent has no valid title and has obtained the benefit under PMAY through bogus documents, leading Page No.2 of 6
the petitioner to submit a representation to the authorities, which has not been acted upon.
3. Though many grounds have been raised in this writ petition, learned counsel for the petitioner submitted that it would suffice if this Court issues direction to the first respondent to consider the petitioner's representation dated 24.02.2025 and pass appropriate orders on merits and in accordance with law, within a time frame to be fixed by this Court.
4. Learned Additional Government Pleader appearing for the first respondent has no objection for the said order being passed by this Court.
5. Heard the learned counsel on either side and perused the materials placed on record.
6. Considering the limited relief sought for by the learned counsel for the petitioner, this Court without going into the merits of the case directs the first respondent to consider the petitioner's representation dated 24.02.2025, after giving due notice to the petitioner as well as the respondents 4 & 5, affording an opportunity of personal hearing and considering the documents Page No.3 of 6
filed by both the parties on merits, in accordance with law and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order.
7. This writ petition is disposed of with the aforesaid observation and directions. No costs.
09.04.2025 vm Index :
Yes/No Speaking Order :
Yes/No :
Yes/No To:
1.The Assistant Executive Engineer, Rural Development and Panchayat Raj Department, Cuddalore Road, Virudhachalam - 606 001.
2.The Block Development Officer, Cuddalore Road, Virudhachalam.
3.The Village Panchayat President, Vilangattur Village, Virudhachalam Taluk, Cuddalore District.
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J.SATHYA NARAYANA PRASAD,J.
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