J.Prathiba v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.08.2021

CORAM:

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH W.P. No. 16050 of 2021 J.Prathiba

...Petitioner

Vs.

1. The District Collector, Changalpattu

2. The Revenue Divisional Officer, Chengalpattu

3. The Tahsildar, Vandalur Taluk Chengalpattu

4. The Special Tahsildar, Nedukundram Panchayat, Kattankolathur, Vandalur Taluk Chengalpattu

...Respondents

Prayer: Writ petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus to direct the first respondent to consider the petitioner's representation dated 05.04.2021 which was sent to the 1st respondent on the same date.

For Petitioner :

Mr.V.Babu For Respondents :

Mr.U.Bharanitharan for R1 to R3 Mr.Tippu sultan for R4

O R D E R

This writ petition has been filed for the issue of a writ of mandamus directing the first respondent to consider the representation made by the petitioner on 05.04.2021, wherein the

petitioner has sought for removal of the road that has been laid in the private property belonging to the petitioner. 2.When the matter came up for hearing on 02.08.2021, this Court directed the learned Government Counsel to take instructions and report to this Court.

3.When the matter was taken up for hearing today, a status report has been filed by the fourth respondent. The relevant portion in the status report is extracted hereunder: "3.I humbly submit that in pursuant to the representation dated 05.04.2021 of the petitioner, the fourth respondent immediately who was making a field inspection. Immediately she was found fault about the road laying work which was laying some feet, which belongs to the petitioner land.

The same was happened inadvertently with the intention that the few feet's also belongs to the panchayat since the fact that the few feet also utilised by the village people as a pathway. But after knowing the fact the few feet belong to the petitioner herein. Accordingly, the laying road portion of the few feet which belongs to the petitioner, which was immediately removed. The same was informed to the petitioner. To sustaining the development about the removal of some feet of the laying road portion, which clearly reveals that the photograph which had been taken by the 4th respondent herein."

4.The learned Government counsel also produced the photograph to substantiate the claim made in the status report. 5.In view of the specific stand taken by the fourth respondent, the grievance expressed by the petitioner has been attended to. Recording the same, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) // True Copy// Sub Assistant Registrar RR

To

1. The District Collector, Changalpattu

2. The Revenue Divisional Officer, Chengalpattu

3. The Tahsildar, Vandalur Taluk Chengalpattu

4. The Special Tahsildar, Nedukundram Panchayat, Kattankolathur, Vandalur Taluk Chengalpattu.

+1cc to the Government Pleader, S.R.No.40773 W.P.No. 16050 of 2021 PCH(CO) SU(08/09/2021)