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Madras High CourtWP/21571/2016disposed of

R.Periyasamy v. The District Collector

2016-06-23Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2016

CORAM:

THE HON 'BLE MR.JUSTICE M.SATHYANARAYANAN Writ Petition No.21571 of 2016 R.Periyasamy ... Petitioner

Versus

1. The District Collector, Erode District, Erode

2. The Block Development Officer, Chennimalai Panchayat Union, Chennimalai, Erode District

3. The President, Kumaravalasu Village Panchayat, Kumaravalasu, Vellode Post, Perundurai Taluk, Erode District .. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of Mandamus, directing the first respondent to consider and pass orders on merits by disposing the written representation made by the petitioner, on 07.03.2016, within a stipulated time as fixed by this Court. For Petitioner : Mr. C.Prakasam For Respondents: Mr. R.A.S.Senthilvel, A.G.P., for R-1 Mr. M.Perumal, G.A., for R-2 & R-3

O R D E R

By consent the writ petition is taken up for final disposal.

2. The petitioner claims that he is the owner of the patta land situated in S.Nos.1418, 1419/1, 1421/2 and 1418/2, Thenmugam Vellode Village, Vellode Hamlet, Perundurai Taluk, Erode District, ad-measuring to an extent of 6.40 acres and he was issued with a joint patta in Patta No.2494.

2. The grievance expressed by the petitioner is that the second and third respondents, with an oblique motive, attempted to lay a bitumen road between Rasakoil to Kumaravasalu, through the land of the petitioner and in this regard, the petitioner has submitted a representation, dated 07.03.2016, to the first respondent and since no orders have been passed, the petitioner came forward to file this writ petition.

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3. Heard the submissions of the learned counsel for the petitioner and the learned Additional Government Pleader, who accepts notice on behalf of the first respondent and the learned Government Advocate, who accepts notice on behalf of the respondents 2 and 3.

4. Though the petitioner prayed for a larger relief, this Court, in the light of the facts and circumstances and without going into the merits of the case, directs the first respondent to consider the petitioner's representation, dated 07.03.2016, in accordance with law, after putting on notice the second and third respondents and pass orders on it, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner.

5. The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar srk To

1. The District Collector, Erode District, Erode

2. The Block Development Officer, Chennimalai Panchayat Union, Chennimalai, Erode District

3. The President, Kumaravalasu Village Panchayat, Kumaravalasu, Vellode Post, Perundurai Taluk, Erode District 1 cc to M/s.C. Prakasam, Advocate, sr. 35086 1 cc to Government Pleader, Sr. 35187 W.P.No.21571 of 2016 RP (CO) kk 27/6 https://hcservices.ecourts.gov.in/hcservices/