S.Nandakumar, v. The Chairman,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.11.2015

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P. No.36294 of 2015 & M.P.No.1 of 2015

1. S.Nandakumar

2. R.Chakkaravarthy

3. R.Deenadayalan

4. R.Sampathkumar [ PETITIONERS ] Vs

1. The Chairman 800, Anna Ssalai, Chennai 600 002

2. The Junior Engineer, Parivakkam, Poonamallee-Pattabiram Road, Poonamallee, Chennai 600 056

3. P.S.Thangaraj

4. Sivasankaran [RESPONDENTS] PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue Writ of mandamus, to forbear the 2nd respondent or his men or servant or anybody not to erect lamp posts for installation of street lights or any other things on the Patta lands in 189/2A/2 189/6, 1899/7, 189/2A3, 189/8 and 189/9 totally measuring 1 Acre and 27 cents at Melmanmbedu Village, Poonamallee Taluk, Thiruvallur District, directing the 2nd Respondent herein to consider the petitioners' representation dated 05.10.2015.

For Petitioners : Mr.R.Kumarasamy For Respondents 1 and 2 : Mr.P.Gunaraj

O R D E R

By consent of the learned counsel on either side, the writ petition is taken up for final disposal.

2. Heard Mr.R.Kumarasamy, learned Counsel appearing for the petitioners and Mr.P.Gunaraj, learned counsel appearing for the respondents 1 and 2. Since the writ petition is disposed of without going into the merits of the allegations made by the petitioners, notice to the respondents 3 and 4 is dispensed with.

3. The petitioners seek for issuance of writ of mandamus to forbear the second respondent for installation of street lights in their Patta lands comprised in Survey Nos. 89/2A/2 189/6, 1899/7, 189/2A3, 189/8 and 189/9 totally measuring 1 Acre and 27 cents at Melmanmbedu Village, Poonamallee Taluk, Thiruvallur District, in which, according to the petitioners are patta lands.

4.The petitioners have submitted a representation to the second respondent on 05.10.2015 and since the representation has not been considered, the petitioners have approached this Court by way of this writ petition.

5.In the light of the limited relief sought for by the petitioner, there will be a direction to the second respondent to consider the petitioners' representation dated 05.10.2015, sent through their Counsel and pass a speaking order on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.

The Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar srn/rpa To

1. The Chairman 800, Anna Ssalai, Chennai 600 002

2. The Junior Engineer, Parivakkam, Poonamallee-Pattabiram Road, Poonamallee, Chennai 600 056 +1 cc to B.Kumarasamy, Advocate, sr.62122 +1 cc to P.Gunaraj, Advocate, sr.61916 W.P. No.36294 of 2015 ar iv kra 20.11.2015