M.Manjunath Swamy v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2022

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MRS.JUSTICE R.HEMALATHA M.Manjunath Swamy .. Petitioner Vs.

1.The Commissioner Hosur City Municipal Corporation Office, Bagalur Road, Opp. to Thillai Nagar, Hosur-635109.

Krishnagiri District.

2.Mangalam Valley Owners Association Office at Mangalam Valley, Andhivadi Village, H.C.F. Post, rep. by its President Kavi Venkatesan, Hosur Taluk-635110 Krishnagiri District.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 1st respondent to dispose of the petitioner's representation dated 22.07.2022 pending before the 1st respondent within reasonable time. For Petitioner : Mr.S.Chandrasekar For R1 : Mr.P.Gurunathan Additional Government Pleader 1/6

O R D E R

(Order of the Court was delivered by V.M.VELUMANI, J.) The present writ petition is filed for a direction to the 1st respondent to dispose the representation of the petitioner dated 22.07.2022.

2. Heard the learned counsel appearing for the petitioner and learned Additional Government Pleader appearing for the 1st respondent and perused the entire materials on record.

3. According to the petitioner, he is owning agricultural land and adjoining said land, 4 Promoters/Developers formed a layout called Mangalam Valley layout. The said layout was unapproved initially and subsequently, it was approved. The promoters formed roads and gifted to the 1st respondent. The 2nd respondent erected two gates on the eastern and western side of the layout and constructed compound wall on the southern side by blocking access to the petitioner and others. The 2nd respondent has filed O.S.No.335 of 2021 on the file of the learned Additional Sub Judge, Hosur against the petitioner and others seeking permanent injunction against the defendants and their supporters, agents 2/6

and any other person authorised by them from damaging the southern compound wall of the Mangalam Valley layout situated in Sy.No.592/2 of Mathigiri Village and to direct the petitioner/ 1st defendant to pay a sum of Rs.1,00,000/- towards damages for damaging the compound wall of the layout on the southern side.

4. The petitioner sent representation dated 22.07.2022 to the 1st respondent about illegal construction of the compound wall by the 2nd respondent on the public road. The 1st respondent did not pass any order on the representation. In such circumstances, the petitioner has come out with the present writ petition.

5. From the materials on record, it is seen that the 2nd respondent has filed O.S.No.335 of 2021 against the petitioner and others alleging that the petitioner has taken a plot on rent in the colony and without any permission or consent of the 2nd respondent, demolished the compound wall on the southern side of the layout. The 2nd respondent has also stated in the plaint that they are all using the east and west road only to reach their agricultural lands and north-south road is only for the benefit of residents.

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6. Mr.P.Gurunathan, learned Additional Government Pleader takes notice for the 1st respondent and submitted that the representation of the petitioner dated 22.07.2022 will be considered and necessary orders will be passed in accordance with law.

7. Considering the above submissions made by the learned counsel appearing for the petitioner and nature of relief sought for in the writ petition, the 1st respondent is directed to consider the representation of the petitioner dated 22.07.2022, after giving personal hearing to the petitioner as well as the 2nd respondent and pass orders in accordance with law, within a period of twelve weeks from the date of receipt of copy of this order.

8. With the above direction, the writ petition is disposed of. No costs.

(V.M.V., J) (R.H., J) 15.12.2022 Index : Yes / No Internet : Yes / No dm 4/6

To The Commissioner Hosur City Municipal Corporation Office, Bagalur Road, Opp. to Thillai Nagar, Hosur-635109.

Krishnagiri District.

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V.M.VELUMANI, J.

and R.HEMALATHA, J.

dm 15.12.2022 6/6