A.Jaisankar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.08.2024

CORAM:

THE HON'BLE MR.D.KRISHNAKUMAR ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI W.P.No.24056 of 2024 and W.M.P.No.26316 of 2024 A.Jaisankar ... Petitioner -vs1. The District Collector, Thiruvallur District, Thiruvallur.

2. The Joint Director, Pollution Control Board, Thiruvallur District.

3. The Tahsildar, Pallipattu Taluk, Thiruvallur District-631 207.

4. The Block Development Officer, Pallipattu Block, Pallipattu, Thiruvallur District.

5. The Village President, Nediyam Panchayat, Pallipattu Taluk, Thiruvallur District-631 207.

6. K.G.Govindasamy

7. T.G.Ramakrishnan

8. M.Yuvaraj 1/4

9. K.N.Annamalai ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to consider the representation of the petitioner dated 12.01.2024.

For Petitioner :

Mr.G.Pavendhan For R1,3,4 & 5 :

Mr.A.Edwin Prabakar State Govt. Pleader For R2 :

Mr.M.R.Gokul Krishnan For Mrs.Shanmugavalli Sekar *****

O R D E R

(By the Hon'ble Acting Chief Justice) This Writ Petition has been filed for a direction to the respondents 1 to 5 to consider the representation of the petitioner dated 12.01.2024.

2. Mr.A.Edwin Prabakar, learned State Government Pleader takes notice for the respondents 1, 3, 4 & 5 and Mr.M.R.Gokul Krishnan, learned counsel for Mrs.Shanmugavalli Sekar, learned Standing Counsel for R2. Notice to other respondents is dispensed with, as no adverse order is going to be passed against them. By consent of the parties, the Writ Petition itself is taken up for final disposal at the stage of admission.

3. It is the case of the petitioner that he has given a representation dated 12.01.2024 to the respondents 1 to 5, insisting them to stop the illegal construction being 2/4

put up by the 7th respondent in the neighboring land of Tirupathi Javuli Poonga (Textile Industry), which is an agricultural land. Since the said representation did not evoke any response, the petitioner is before this Court.

4. Learned State Government Pleader appearing for the respondents stated that there was no acknowledgment annexed in proof of dispatch of the representation and anyhow, the respondents 2 & 4 are the competent authorities to look into the issue and a reasonable time may be granted to them for considering and passing appropriate orders on the representation of the petitioner.

5. Considering the facts and circumstances of the case and also taking into account the limited scope of the relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the respondent 2 and 4 to consider the representation dated 12.01.2024 of the petitioner and pass appropriate orders thereon on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and other interested parties, if any, including R6 to R9. It is needless to HON'BLE ACTING CHIEF JUSTICE, AND P.B.BALAJI,J., ar mention that it is open to the petitioner to forward a copy of the representation dated 3/4

12.01.2024 along with a copy of this order to the authorities concerned.

6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. [D.K.K.,ACJ.] [P.B.B,J.] 23.08.2024 Index: Yes / No Internet: Yes / No Speaking Order/Non Speaking Order ar To:

1. The District Collector, Thiruvallur District, Thiruvallur.

2. The Tahsildar, Pallipattu Taluk, Thiruvallur District-631 207.

3. The Block Development Officer, Pallipattu Block, Pallipattu, Thiruvallur District.

4. The Village President, Nediyam Panchayat, Pallipattu Taluk, Thiruvallur District-631 207.

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