M.Senthilkumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-08-2025

CORAM

THE HONOURABLE MRS.JUSTICE N. MALA

1. M.Senthilkumar S/o.Mathivanan, 3/10, Kudi Street, Kottagoundampatti Post, Omlur Taluk, Petitioner(s) Vs

1. The District Collector Salem, Salem District.

2.The Assistant Director (panchayats) Rural Development, Salem, Salem District.

3.The Sub Collector Mettur Taluk, Salem District.

4.The Tahsildar Omalur Taluk, Salem District.

5.The Block Development Officer O/o. Block Development Office, Omalur Taluk, Salem District.

6.The Assistant Engineer Muthunaickenpatti, Omalur Taluk, Respondent(s) PRAYER Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 1st respondent to consider the petitioners appeal dated 13.12.2024 and pass appropriate order in order to remove the electricity box and water tank erected over the public street in village Natham Land in survey No.31 at kottagoundampatti, Omalur Taluk, Salem district.

For Petitioner :

For Respondent:

Mr.M.Elango Mrs.C.Meera Arumugam, AGP for RR 1 to 4 and 6 Mr.M.Muthusamy, GA for R5

ORDER

Mrs.C.Meera Arumugam, learned Additional Government Pleader accepts notice on behalf of the respondents 1 to 4 and 6 and Mr.M.Muthusamy, learned Government Advocate accepts notice on behalf of the 5 th respondent. With the consent of the learned counsels on either side, the main writ petition itself is taken up for final disposal.

2.The writ petition is filed for a mandamus directing the 1 st respondent to consider and dispose of the petitioner's appeal dated 13.12.2024 and pass

appropriate orders to remove the electricity box and water tank erected over the public street in Village Natham land in S.No.31, at Kottagoundampatti, Omalur Taluk, Salem District.

2.The petitioner is the resident of Kottagoundampatti Village, Omalur Taluk, Salem District. The petitioner states that the public street in S.No.31, was used by the petitioner as well as the villagers for ingress and egress to their properties. The petitioner further states that the public street is a narrow street. While so, the Village President had erected an electricity box and water tank, thereby restricting the use of the public street. The petitioner therefore submitted a representation on 19.06.2024, to the 1 st respondent with a request to remove the electricity box and the water tank. As the respondents did not remove the said obstructions, the petitioner filed WP.No.33417/2024 for a writ of mandamus directing the respondents to remove the electricity box and the water tank erected in the public street.

The said writ petition was dismissed as withdrawn by a Division Bench of this Court on 14.11.2024, with liberty to challenge the order of the 4 th respondent dated 23.07.2024, by filing an appeal. The petitioner, on 13.12.2024, preferred an appeal to the 1 st respondent.

respondent, for the reasons best known to him, kept the appeal pending without passing any orders. As the petitioner's appeal was kept pending, the petitioner, left with no other alternative, filed the above writ petition for the aforesaid relief.

3.Heard the learned counsels on either side and also perused the materials placed on record.

4.Under the facts and circumstances of the case and in view of the fact that the petitioner's appeal dated 13.12.2024, is pending before the 1 st respondent without any orders being passed, I am inclined to direct the 1 st respondent to consider and dispose of the petitioner's appeal dated 13.12.2024, on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

5.The writ petition is disposed of with the above direction. No costs. 12-08-2025 AP Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Collector Salem, Salem District.

2.The Assistant Director (panchayats) Rural Development, Salem, Salem District.

3.The Sub Collector Mettur Taluk, Salem District.

4.The Tahsildar Omalur Taluk, Salem District.

5.The Block Development Officer O/o. Block Development Office, Omalur Taluk, Salem District.

6.The Assistant Engineer Muthunaickenpatti, Omalur Taluk,

N.MALA J.

AP 12-08-2025