A.Kumaravel v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.07.2025 CORAM :
THE HONOURABLE MRS.JUSTICE N.MALA W.P.No .23937 of 2025 A.Kumaravel ... Petitioner Vs.
1. The District Collector Chengalpattu District Chengalpattu.
2. The Tahsildar Cheiyyur Taluk Chengalpattu District
3. The Special Officer Block Development Officer, Putthiran Kottai Panchayat Sithambur Panchayat Union Cheiyyur Taluk Chengalpattu District.
4. S.Shoba
5. Madhusudhanan ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the respondents, particularly the respondents 1 to 3 to take action against the respondents 4 Page No.1 of 6
and 5 for non-providing road facilities and also not closing the Well near to petitioner house plot, situated at No.41, situated at Putthiran Kottai Village, Cheiyyur Taluk, Chengalpattu District, comprised in S.No.170/1A part, to an extent of 1520 sq.ft on the basis of the petitioner's representation dated 14.03.2025.
For Petitioner : Mr.R.Thanjan For Respondents : Mr.M.Shajakhan for R1 & R2 Special Government Pleader Ms.S.Indhubala for R3 Additional Government Pleader
O R D E R
This writ petition is filed for a Writ of Mandamus directing the respondents, particularly the respondents 1 to 3, to take action against the respondents 4 and 5, for not providing road facilities and also not closing the Well, near the petitioner's subject house plot, on the basis of the petitioner's representation dated 14.03.2025.
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2. The petitioner states that the respondents 4 & 5 promoted a layout by obtaining approval from the 3 rd respondent, on 19.06.2020. In the layout, under a registered Sale Deed dated 08.03.2021, the petitioner purchased the subject plot in S.No.41, to an extent of 1520 sq.ft., The petitioner states that only after starting construction of a house in the subject plot, he came to understand that the 4 th & 5 th respondents did not provide access to his plot. The petitioner states that there is an open well adjacent to his house plot which posed a threat to the residents. The petitioner states that he therefore sent a legal notice on 11.01.2025, to the respondents 4 and 5, with a copy to the respondents 1 and 2, seeking an approach road to his plot and also for closure of the Well near his plot.
Thereafter, the petitioner submitted a representation to the respondents 1 to 3, complaining about the absence of access to his plot in the layout approved by them on 19.06.2020, in the proceedings bearing reference Moo.Mo.No.3164/2019/B1. Despite the petitioner's representation, no action was taken by the respondents and therefore the petitioner filed the above writ petition for the aforesaid relief. Page No.
3. As no adverse orders are passed against the private respondents 4 and 5, notice to them is dispensed with and the writ petition is taken up for final disposal, with the consent of both sides learned counsels.
4. Heard both sides. Perused the materials placed on record.
5. Learned counsel for the petitioner submitted that he would restrict the relief in the writ petition for a direction to the respondents 1 to 3 to consider and pass orders on the petitioner's representation dated 14.03.2025, within the time stipulated by this court.
6. In the light of the above said facts and the limited prayer of the learned counsel for the petitioner, a direction is issued to the respondents 1 to 3 to consider and pass orders on merits and in accordance with law, the petitioner's representation dated 14.03.2025, within a period of six weeks from the date of receipt of a copy of this order. It is needless to state that the Page No.4 of 6
rd respondent shall afford an opportunity of hearing to the petitioner as well as to the respondents 4 and 5 while considering the petitioner's representation.
7. In the result, this Writ Petition is disposed of with the above direction. No costs.
03.07.2025 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No gv To:
1. The District Collector Chengalpattu District Chengalpattu.
2. The Tahsildar Cheiyyur Taluk Chengalpattu District
3. The Special Officer Block Development Officer, Putthiran Kottai Panchayat Sithambur Panchayat Union Cheiyyur Taluk, Chengalpattu District.
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N.MALA, J.
gv W.P.No .23937 of 2025 03.07.2025 Page No.6 of 6