D.Chandrasekaran, v. The Divisional Engineer(H),
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.09.2018
CORAM
THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P. No.24437 of 2018 D.Chandrasekaran .. Petitioner Vs 1.The Divisional Engineer (H), Highways Department, 123/9, Appachi Nagar 2nd Street, NGGO Nagar Main Rd, Moolapalayam, Erode District.
2.The Assistant Engineer (H), Office of the Assistant Divisional Engineer Office, Salem Coimbatore Highway, Perundurai, Erode District.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the second respondent to grant permission for laying of pavers block to petitioner's property situated in 3/647.00 to 3/656.00 KM on the right side boundary of SHU-111, Erode to Coimbatore Road, to have access to R.S. No.509/9A, Perundurai Village and Taluk, Erode District.
For Petitioner : Mr.A.Sundaravadhanan For Respondents : Mr.J.Ramesh, Additional Government Pleader
ORDER
By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.
2.The petitioner has come up with this writ petition seeking a direction to the second respondent to grant permission for laying of pavers block to his property situated in 3/647.00 to 3/656.00 KM on the right side boundary of SHU-111, Erode to Coimbatore Road, to have access to R.S. No.509/9A, Perundurai Village and Taluk, Erode District.
3.According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 20.08.2018 claiming the same relief as prayed in this writ petition, but, the said representation is yet to be disposed of by the respondents. However, the learned counsel submitted that it would suffice, if the said representation made by the petitioner is directed to be considered by the respondents, on merits. 4.Mr.J.Ramesh, learned Additional Government Pleader taking notice for the respondents, submitted that the respondents be directed to consider the petitioner's representation and pass orders in accordance with law.
5.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court directs the respondents to consider the representation dated 20.08.2018 made by the petitioner on the basis of the layout plan dated 18.08.2018 granted by the authorities and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as any of the interested parties, within a period of four weeks from the date of receipt of a copy of this order.
6.Accordingly, this writ petition stands disposed of. No costs.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar To 1.The Divisional Engineer (H), Highways Department, 123/9, Appachi Nagar 2nd Street, NGGO Nagar Main Rd, Moolapalayam, Erode District.
2.The Assistant Engineer (H), Office of the Assistant Divisional Engineer Office, Salem Coimbatore Highway, Perundurai, Erode District.
+1cc to Mr.A.Sundaravadhanan, Advocate, S.R.No.64473 +1cc to the Government Pleader, S.R.No.65034 WP.No.24437 of 2018 RSI(CO) GSP(08/10/2018)