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Madras High CourtWP/15794/2017disposed of

Bhajarang Engineering College, v. The District Collector

2018-01-11Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.01.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.15794 of 2017 WMP.No.17083 of 2017 Bhajarang Engineering College, Rep. by its Principal, Dr.T.S.Jeyali Laseetha, Ayathur Village, Veppampatu, Thiruvallur 602 024.

...Petitioner

Versus

1.The District Collector, Thiruvallur - 602 001.

2.The Block Development Officer, Thiruvallur - 602 001.

.. Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus to forbear the respondents or their mens, agents, contractors or any other employee working under them from blocking or reducing the access road passage of width of 50 feet (S.No.6/1c1, 6/2) to the Bhajarang Engineering College, Veppampattu, Thiruvallur. For Petitioner : M/s.B.Vijay For Respondents : Mr.V.Shanmugasundar, Spl.G.P.

O R D E R

The petitioner has come up with the present writ petition for issuance of Writ of Mandamus to forbear the respondents or their mens, agents, contractors or any other employee working under them from blocking or reducing the access road passage of width of 50 feet in Survey.No.6/1c1, 6/2 in Veppampatu, Thiruvallur District.

2. The case of the petitioner is that the petitioner College is a Telugu Minority Institution run by Bhajarang Educational & Social Trust and the College was established in the year 2001. The College has an access from the Veppampattu Village and there https://hcservices.ecourts.gov.in/hcservices/

is no other entrance to the College except that road, which has a width of 50 feet. While so, on 20.06.2017, the respondents have started digging huge holes before the main entrance of the College to lay "Stone Culvert Bridge". Since it would obstruct free movement, representations were given to the respondents on 15.06.2017 and 16.06.2017, respectively. Since representations have not been considered, the present writ petition.

3. The learned Special Government Pleader appearing for the respondents submitted that there is no proof for submitting representations and if fresh representation is given, it would be considered in accordance with law.

4. In light of the above fact and the submissions of the learned Special Government Pleader, the petitioner is permitted to give fresh representation to the respondents within a period of two weeks, enclosing a copy of this order. On such compliance, the second respondent is directed to consider the said representation and take appropriate action on merits and in accordance with law, after providing opportunity to the petitioner. Till then, the respondents are directed to maintain staus quo as on date.

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

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar pvs To

1. The District Collector, Thiruvallur - 602 001.

2. The Block Development Officer, Thiruvallur - 602 001.

+1cc to Mr.B.Vijay, Advocate, S.R.No.2484 W.P.No.15794 of 2017 WMP.No.17083 of 2017 BR(CO) RRK(13/02/2018) https://hcservices.ecourts.gov.in/hcservices/