P.Senthilkumar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.02.2021 CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.19017 of 2020 P.Senthilkumar
...Petitioner
Vs.
1. The District Collector Tiruppur District.
2. The Divisional Engineer Department of State Highway (Construction & Maintenance Tiruppur North) No.39, College Road
3. The Assistant Commissioner Hindu Religious & Charitable Endowments Department
4. The Executive Officer Arulmigu Kondathukaliamman Temple Perumanallur Tiruppur District.
...Respondents
Prayer: Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents 1 to 3 to prevent the fourth respondent from constructing the compound wal in S.F.No.277/2 & 3, Perumanallur, Tiruppur District by considering the petitioner's representation dated 25.06.2020. For Petitioner : Mr.C.Prabhakaran For Mr.M.N.Balakrishnan
For Respondents : Ms.R.J.Radhika Government Advocate for respondent-1 Mr.K.Ashok Kumar for respondent-4
ORDER
(Made by the Hon'ble Chief Justice) The petitioner complains of the failure on the part of the respondent authorities to consider his representation of June 25, 2020 pertaining to the construction of a compound wall.
2. Without going into the tenability of the complaint, W.P.No.19017 of 2020 is disposed of, by directing the second respondent to consider such representation of the petitioner in accordance with law, upon affording an opportunity of hearing to all persons likely to be affected thereby, including the fourth respondent.
3. In the event the writ petitioner is aggrieved by the decision of the second respondent or the failure on the part of the second respondent to take adequate steps, the writ petitioner may pursue his remedies in accordance with law, otherwise than by way of a public interest litigation and upon establishing his locus standi in that regard. W.P.No.19017 of 2020 is disposed of. There will be no order as to costs. Consequently, WMP No.23583 of 2020 is closed. s/d- Assistant Registrar True Copy Sub-Assistant Registrar kpl To
1. The District Collector Tiruppur District.
2. The Divisional Engineer Department of State Highway (Construction & Maintenance Tiruppur North) No.39, College Road
3. The Assistant Commissioner Hindu Religious & Charitable Endowments Department +1 Cc to Mr.N. Balakrishnan, Advocate sr 7198 +1 CC to The Government Pleader sr 7332.
W.P.No.19017 of 2020 SAI(CO) SP(22/02/2021)