Govindarajan v. The Divisional Engineer(H),
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.08.2024 CORAM :
THE HONOURABLE MR. JUSTICE M.DHANDAPANI Govindarajan ... Petitioner Vs.
The Divisional Engineer (H), Tamil Nadu Road Sector Project-II, Salem - 636 005.
... Respondent Prayer : Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 19.08.2023 seeking to remove the illegal water pipe line which was laid inside the petitioner's land in S.F.No.25/2A in Periya Sathapadi Village, Mettur Taluk, Salem District. For Petitioner : Mr.L.Mouli For Respondents : Mr.Yokesh Kannadasan Special Government Pleader *****
ORDER
This Writ Petition has been filed by the petitioner seeking for a Writ of Mandamus, to direct the respondent to consider the petitioner's representation Page No.1 of 4
dated 19.08.2023 seeking to remove the illegal water pipe line which was laid inside the petitioner's land in S.F.No.25/2A in Periya Sathapadi Village, Mettur Taluk, Salem District.
2. Mr.Yogesh Kannadasan, learned Special Government Pleader, accepts notice on behalf of the respondent. In view of the consent expressed by the learned counsel appearing for the parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. The case of the petitioner is that, he is the absolute owner of land to an extent of 3.52 acres in Periya Sathapadi Village, Mettur Taluk, Salem District in S.F.No.25/2. The respondent has acquired a part of the petitioner's land for four lane Omalur - Maicheri Highway Project and thereafter, his remaining land was sub-divided as 25/2A and acquired land was sub-divided as 25/2B. This being the case, the respondent has illegally laid water pipe line inside the petitioner's land for more than one metre. Hence, the petitioner has made a representation dated 19.08.2023 before the respondent seeking to remove the illegal water pipe line from his land. Since the representation made by the petitioner has not been considered by the respondent, the petitioner has come forward with the present Page No.2 of 4
writ petition.
4. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submitted that, it would suffice, if this Court issues a direction to the respondent to consider the petitioner's representation dated 19.08.2023 and pass appropriate orders on merits and in accordance with law, within a particular time frame to be fixed by this Court.
5. Learned Special Government Pleader appearing for the respondent has no objection for the said order being passed by this Court.
6. Considering the limited request sought for by the learned counsel for the petitioner, this Court, without going into the merits of the case, directs the respondent to consider the petitioner's representation dated 19.08.2023 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner as well as aggrieved persons if any, within a period of four (4) weeks from the date of receipt of a copy of this order. Page No.3 of 4
M.DHANDAPANI,J.
sp
7. With the above direction, this Writ Petition is disposed of. No costs. 13.08.2024 Index : Yes/No Speaking Order / Non-speaking order sp To The Divisional Engineer (H), Tamil Nadu Road Sector Project-II, Salem - 636 005.
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