← Library
Madras High CourtWP/27354/2017dismissed

S.Syed Masthan, v. State Of Tamil Nadu, Rep By

2017-10-25Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.27354 of 2017 S.Syed Masthan .. Petitioner Vs.

1. State of Tamil Nadu rep. by its Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai - 600 009.

2. The Managing Director, Tamil Nadu Housing Board, No.33, Anna Salai, Nandanam, Chennai - 600 034.

3. The District Collector, District Collectorate Office, Krishnagiri.

4. The Sub-Collector, Hosur, Krishnagiri District.

5. The Executive Engineer, Tamil Nadu Housing Board, Bagalur Road, Hosur - 635 109, Krishnagiri District.

.. Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the 4th respondent to consider the petitioner's representation dated 17.07.2017 and pass appropriate orders in accordance with law within the time to be stipulated by this Court in respect of blocking the access for the land in Survey No.573/2B.

For Petitioner: Mr.R.Barath Kumar For Respondent : Mr.A.Kumar, Special Government Pleader for R1, R3 & R4.

Mr.V.Anandamurthy, Standing Counsel for R2 and R5.

O R D E R

Mr.A.Kumar, learned Special Government Pleader takes notice for 1st, 3rd and 4th respondents. Mr.V.Anandamurthy, learned Standing Counsel takes notice for the respondents 2 and 5.

2. Heard both sides.

3. The grievance of the petitioner is that a common pathway left and meant for public use is sought to be converted as a private property thereby preventing the public to have access through such common pathway. Ventilating such grievance, the petitioner has made a representation on 17.07.2017 to the respondents. It is stated that the said representation has not been considered so far. Therefore, without expressing any view on the merits of the claim made by the petitioner, this writ petition is disposed of only by directing the 4th respondent to consider the said representation and pass orders on the same on merits and in accordance with law after hearing the petitioner as well as the other interested persons, if any. Such exercise shall be done by the 4th respondent within a period of four weeks from the date of receipt of a coy of this order. No costs. Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar vsi To

1. The Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai - 600 009.

2. The Managing Director, Tamil Nadu Housing Board, No.33, Anna Salai, Nandanam, Chennai - 600 034.

3. The District Collector, District Collectorate Office, Krishnagiri.

4. The Sub-Collector, Hosur, Krishnagiri District.

5. The Executive Engineer, Tamil Nadu Housing Board, Bagalur Road, Hosur - 635 109, Krishnagiri District.

+ 1 cc to Mr.V.Anandamurthy, Advocate,SR.75667 + 1 cc to Mr.R.Barath Kumar Advocate,SR.75974 + 1 cc to The Govt.Pleader, SR.75691 W.P.No.27354 of 2017 NR 10/11/2017