Palanivelu v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Palanivelu ... Petitioner Vs The Commissioner, Namakkal Municipality, No. 88, Thiruchengode Road, Namakkal - 637 001.

... Respondent Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to remove the thar road and restore the petitioner cart track to the extent of 25 feet breadth and 295 feet length in T.S. No. 9/5A1, situated at Naval Nagar, Santhai Pettaiputhur-Kondichettipatty Road, Namakkal District, to its original position or pay adequate compensation, by considering the petitioner's representation dated 20.03.2024 within a stipulated time as fixed by this Court.

For Petitioner : Mr. V.Anandhamoorthy For Respondent : Mr. M.Rajamadhivanan, Standing Counsel 1/4

O R D E R

With consent of both sides, this Writ Petition has been taken up for disposal at the admission stage itself.

2. This Writ Petition has been filed for directing the respondent to remove the Thar Road and restore the petitioner cart track to an extent of 25 feet breadth and 295 feet length in T.S. No. 9/5A1, situated at Naval Nagar, Santhai Pettaiputhur-Kondichettipatty Road, Namakkal District, to its original position or pay adequate compensation, by considering the petitioner's representation dated 20.03.2024 within a stipulated time that may be fixed by this Court.

3. Considering the limited relief sought for in the petition, without expressing any opinion on merits of the writ petition, the respondent is directed to consider the representation dated 20.03.2024 made by the petitioner after conducting due enquiry from the authorities concerned, pass orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. 2/4

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

13.08.2024 Index:Yes/No kv To The Commissioner, Namakkal Municipality, No. 88, Thiruchengode Road, Namakkal - 637 001.

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G.K.ILANTHIRAIYAN, J.

kv 13.08.2024 4/4