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Madras High CourtWP/32306/2015disposed of

Kirubakaran v. The District Collector

2015-10-12Honourable Mr Justice M.M.Sundresh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.10.2015

CORAM

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH W.P.No.32306 of 2015 Kirubakaran ... Petitioner -Vs1. The District Collector, Collectorate Office, Villupuram District.

2. The District Revenue Officer, District Revenue Office, Villupuram District.

3. The Tahsildar, Chinna Salem Taluk, Villupuram District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the respondents to consider the representation dated 12.09.2015 with regard to the objecting the petitioner from using the common passage in West Street, Chelliamman Nagar, Kukaiyoor Village, Chinna Salem Taluk, Villupuram District. For Petitioners : Ms.S.P.Arthi For Respondents : Mr.Roofus Abraham, Government Advocate

O R D E R

It appears that the petitioner gave representations on 31.08.2015 and 12.09.2015, specifically alleging that one Selvaraj has encroached upon the public pathway, which is being used by the general public and the petitioner. 2.The learned counsel for the petitioner submitted that pursuant to the enquiry conducted by the respondent no.3, the said Selvaraj has agreed not to obliterate the pathway. Subsequently, an attempt has been made to encroach upon the same. Thus, it is submitted that appropriate direction may be given to the respondents in this regard.

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3.Taking note of the pendency of the representations dated 31.08.2015 and 12.09.2015, a direction is issued to the respondent no.3 to take appropriate action on the same, in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after hearing the petitioner as well as one Selvaraj, against whom the petitioner has alleged about the interference with the public property.

4.The Writ Petition is disposed of accordingly. No costs. -Sd/- Assistant Registrar //True copy// Sub Assistant Registrar va To

1. The District Collector, Collectorate Office, Villupuram District.

2. The District Revenue Officer, District Revenue Office, Villupuram District.

3. The Tahsildar, Chinna Salem Taluk, Villupuram District.

+1 cc to Government Pleader (sr.55986) + 1cc to Mr.S.P.Arthi,Advocate(sr.55694) W.P.No.32306 of 2015 AR-II(CO) CP 16/10/2015 https://hcservices.ecourts.gov.in/hcservices/