Madras High CourtWP/6111/2014disposed of

D.Radhakrishnan v. The District Collector

2022-12-06Honourable Dr Justice Anita Sumanth4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 06.12.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH and MP No.1 of 2014

1. D.Radhakrishnan

2. C.Vijayakumar

3. S.Udayakumar

4. M.Saravanan

5. G.Santhosam ... Petitioners Vs

1. The District Collector, Office of the Collectorate, Thiruvallur District, Thiruvallur.

2. The Revenue Divisional Officer, Ponneri Taluk, Tiruvallur District.

3. The Tahsildar, Gummudipoondi Taluk, Gummudipoondi, Tiruvallur District.

4. P.Isac Livingsstan

5. H.Prakash

6. H.Anirudh

7. R.Baskar

8. The Don Bosco Anbu Illam Social Service Society, Panapakkam Village, Kavaraipetti Post, Gummudipoondi Taluk, Tiruvallur District - 601 206 .... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to dispose of the representation of the petitioners dated 23.09.2013 and to take action against respondents 4 to 8 for putting up of any construction in Survey Nos.118/8, (40 cents), 118/7A, 118/7B (40 cents), 118/2 (25 cents), 119/7A, 119/7B (97.5 cents), 119/8 (25 cents), 119/13 (9 cents), 119/14 (13 cents), 119/15 (12.5 cents), 119/16 (9 cents) at Panapakkam Village, Gummudipoondi Taluk, Tiruvallur District.

For Petitioner : Mr.Prabhakaran for M/s.Paul and Paul For Respondents : Mr.B.Vijay Additional Government Pleader - R1 to R3 Mr.S.Poovendhan - R4 Mr.V.Ajay Khose - R7 No appearance - R5, R6 and R8

ORDER

Heard Mr.Prabakaran, learned counsel for the petitioner, Mr.Vijay, learned Additional Government Pleader for R1 to R3, Mr.S.Poovendhan, learned counsel for R4 and Mr.V.Ajay Khose, learned counsel for R7. There is no appearance for R8. Even though service is complete on R5 and R6 and their names are printed in the cause list, there is no appearance by or on their behalf.

2. It is unfortunate that this Writ Petition is pending since 2014, since all the petitioners ask is for a mandamus directing R1/the District Collector, Thiruvallur to dispose their representation dated 23.09.2013 seeking action to

be initiated against the private respondents from putting up any construction in Survey Nos.118/8, (40 cents), 118/7A, 118/7B (40 cents), 118/2 (25 cents), 119/7A, 119/7B (97.5 cents), 119/8 (25 cents), 119/13 (9 cents), 119/14 (13 cents), 119/15 (12.5 cents), 119/16 (9 cents) at Panapakkam Village, Gummudipoondi Taluk, Tiruvallur District.

3. Mr.Vijay would agree that the representation is yet pending and would assure the Court that the same would be disposed after hearing the petitioner as well as the private respondents who shall be called by issue of notice, affording them sufficient opportunity to appear and put forth their case.

4. Thus, this Writ Petition is closed and mandamus is issued directing R3/the Tahsildar, Gummudipoondi Taluk, Tiruvallur District, who is stated to be the appropriate authority in the matter, to issue notice to the petitioner as well as to the private respondents, hear them and pass orders on the request of the petitioner in accordance with law, within a period of eight (8) weeks from date of receipt of a copy of this order. No costs. Connected Miscellaneous Petition is also closed.

06.12.2022 Index : Yes / No Speaking/non-speaking Order sl

Dr.ANITA SUMANTH,J.

Sl To

1. The District Collector, Office of the Collectorate, Thiruvallur District, Thiruvallur.

2. The Revenue Divisional Officer, Ponneri Taluk, Tiruvallur District.

3. The Tahsildar, Gummudipoondi Taluk, Gummudipoondi, Tiruvallur District.

and MP No.1 of 2014 06.12.2022