Madras High CourtWP/9220/2015disposed of

K.Subramanian v. The District Collector

2015-03-31Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 31.03.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.9220/2015 & MP.No.1/2015 K.Subramanian .. Petitioner

Versus

1.The District Collector Ariyalur District.

2.The Tahsildar Jayankondam, Ariyalur District.

3.The Village President Periyar Nagar, Ulliyakudi Taluk Udayarpalayam Taluk, Ariyalur District.

Pincode 621 701.

Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus forbearing the respondents from raising up any superstructure in Survey No.291, which is public road provided by Government to villagers and also to the petitioner in the facts and circumstances of this case.

For Petitioner :

Mr/s.Usha Ramman For RR 1 and 2 :

Mr.R.Vijayakumar, Additional Government Pleader For R3 :

Mr.Roobas Abraham

ORDER

Heard Mr/s.Usha Ramman, learned counsel for the petitioner ; Mr.R.Vijayakumar, learned Additional Government Pleader accepting notice for the respondents 1 and 2 and Mr.Roobas Abraham, learned counsel accepting notice for the 3rd respondent and with their consent, the writ petition is disposed of at the admission stage itself.

2.The petitioner has filed this writ petition to forbear the respondents from raising up any superstructure in Survey No.291, which is public road provided by Government to villagers and also to the petitioner.

https://hcservices.ecourts.gov.in/hcservices/

3.According to the petitioner, the 2nd respondent herein, viz., the President of the Village Panchayat, is attempting to put up a construction in the land which has been classified as Cart track. In this regard, a copy of the "A" Register has been filed in the typed set of papers to show that the Survey No.291 has been classified as "Cart Track". In this regard, a representation has been given to the respondents 1 and 2.

4.In the light of the above, without going into the merits of the contentions raised by the petitioner, there will be a direction to the 2nd respondent to consider the petitioner's representation dated 18.02.2015, after issuing notice to the petitioner and to the 3rd respondent and pass orders 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. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar AP To 1.The District Collector Ariyalur District.

2.The Tahsildar Jayankondam, Ariyalur District.

3.The Village President Periyar Nagar, Ulliyakudi Taluk Udayarpalayam Taluk, Ariyalur District.

Pincode 621 701.

1 cc to Mr/s.Usha Ramman ,Advocate, SR.No.18884 1 cc to Government Pleader,Sr.No18356 WP.No.9220/2015 rsk(co) pmk.10.4.2015 https://hcservices.ecourts.gov.in/hcservices/