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Madras High CourtWP/15034/2017disposed of

Thayammal, v. The Commissioner

2017-06-22Honourable Mr Justice M.M.Sundresh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2017

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Writ Petition No.15034 of 2017 and W.M.P.No.16274 of 2017 Thayammal .. Petitioner Vs.

The Commissioner, Kumarapalayam Municipality, Kumarapalayam - 638 183, Namakkal District.

.. Respondent Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent to consider the petitioner representation dated 07.06.2017 by giving opportunity to the petitioner and not to disturb except under due process of law by leaving path way to the petitioner.

For Petitioner : Mr.SP.Yuaraj, For Respondent : Mr.T.M.Pappiah, Special Government Pleader for Mr.O.Selvam, Government Advocate.

ORDER

The petitioner made a representation on 07.06.2017 making a claim that the project can be proceeded with,without obstructing his access as the existing road is likely to be closed. 2.The learned Special Government Pleader appearing for the respondent, on instructions, submits that the petitioner has encroached the public road and put up construction. 3.In the representation made, the petitioner has stated that there is no objection for the project but the existing road shall not be disturbed.

4.This court cannot go into the disputed questions of facts.

What the petitioner seeks is to consider the representation made on 07.06.2017, which is a limited prayer. In View of the above, a direction is issued to the respondent to dispose to the aforesaid representation within a period of four https://hcservices.ecourts.gov.in/hcservices/

weeks from the date of receipt of a copy of this order. While doing so, the petitioner will have to be given an opportunity of being heard.

5.With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mfa To The Commissioner, Kumarapalayam Municipality, Kumarapalayam - 638 183, Namakkal District.

+1 cc to Mr.S.P.Yuvaraj Advocate sr 44087 +1 cc to Mr.O.Selvam Advocate sr 43885 W.P.No.15034 of 2017 sv(co) aa28/06/2017 https://hcservices.ecourts.gov.in/hcservices/