R.Jayaprakash v. The Competent Authority And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.09.2016
CORAM
THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.13912 of 2013 and M.P.No.1 of 2013 R.Jayaprakash .. Petitioner Vs.
1.The Competent Authority & The District Revenue Officer (LA), Namakkal District Collectorate Buildings, Thiruchengode Main Road, Namakkal.
2.The Highways Special Tahsildar (NHAI -NH 47), Namakkal District Collectorate Buildings, Thiruchengode Main Road, Namakkal.
3.The Project Director (NHAI - NH 47) Office of the Project Director, Project Implementation Unit (NS), D.No.212-3/D3-1, Srinagar Colony, Narosothipatti, Salem-4.
.. Respondents The writ petition is filed under Article 226 of the Constitution of India praying for the issue of a writ of mandamus, forbearing the respondents herein from laying service road to the National Highway by demolishing the compound wall existing in S.No.10/2, 11/6A, 11/7A, situated in Komarapalayam Agraharam village, Thiruchengode Taluk, Namakkal District, without disbursing the cost for disconnection, civil and shifting charges of private transformer existing therein, to the petitioner.
For Petitioner : Mr.R.Nalliyappan For Respondents : Mr.V.Jayaprakash Narayanan, Spl.G.P for RR1 and 2 No appearance for R-3
ORDER
Heard the learned counsel appearing on behalf of the petitioner, as well as the learned counsel, appearing on behalf of the respondents 1 and 2.
This writ petition has been filed by the petitioner, praying that this Court may be pleased to issue a Writ of Mandamus, forbearing the respondents herein from laying the service road to the National Highway, by demolishing the compound wall, in S.No.10/2, 11/6A, 11/7A, in Komarapalayam Agraharam village, Thiruchengode Taluk, Namakkal District, without paying the cost for disconnection, civil and shifting charges of the private transformer, which is existing therein, to the petitioner.
Though various grounds have been raised in the affidavit filed in support of the writ petition, the learned counsel appearing on behalf of the petitioner has submitted that it would suffice, if the first respondent is directed to dispose of the representation, dated 29.4.2010, on merits and in accordance with law, within a specified period. In view of the averments made in the affidavit filed in support of the writ petition and in view of the submissions made by the learned counsel, appearing on behalf of the petitioner, this Court finds it appropriate to direct the first respondent to dispose of the representation of the petitioner, dated 29.4.
2010, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after giving an opportunity of hearing to the petitioner, if the said representation had not been disposed of till date. The petitioner shall furnish a copy of the representation, dated 29.4.2010, to the first respondent, along with a copy of this order. However, it is made clear that this Court, by this order, has not expressed any opinion on the merits of the matter. The writ petition is disposed of, with the above directions. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Asst. Registrar.
/true copy/ Sub Asst. Registrar.
vvk To 1.The Competent Authority & The District Revenue Officer (LA), Namakkal District Collectorate Buildings, Thiruchengode Main Road, Namakkal.
2.The Highways Special Tahsildar (NHAI -NH 47), Namakkal District Collectorate Buildings, Thiruchengode Main Road, Namakkal.
3.The Project Director (NHAI - NH 47) Office of the Project Director, Project Implementation Unit (NS), D.No.212-3/D3-1, Srinagar Colony, Narosothipatti, Salem-4.
W.P.No.13912 of 2013 UG (CO) MD : 18/10/2016