Sridevi Alavandar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :19.09.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.27341 of 2023 Sridevi Alavandar

...Petitioner

Vs.

1. The District Collector, Chenalpattu District Office, GST Road Chengalpattu 603 001.

2. The Commissioner, Tambaram City Municipal Corporation, West Tambaram 600 063.

3. The Municipality Head, Perungalathur Municipality, Chennai 600 063.

4. The Tahsildar, O/o of Tambaram Tahsildar, Tambaram 600 045.

5. The Superintend Engineer, (Road) ZONAL V, Perungalathur Municipal Office, Tambaram, Chennai 600 063.

...Respondents

1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to the 1st respondent to consider Petitioner representation letter dated 19.07.2023 addressed to the other respondents to remove the road laid in the Petitioner land in Survey No 417/2 at Perungalathur Village.

For Petitioner : Mr.K.Venkat For Respondents : Mrs.S.Anitha, Special Government Pleader for R2 Mr.C.Selvaraj Additional Government Pleader for R1 & R3 to R5

O R D E R

The petitioner herein seeks a direction to the 1st respondent to consider her representation dated 19.07.2023, for removal of road laid in the petitioner's land in Survey No.417/2 at Perungalathur Village.

2. According to the petitioner, she is the owner of A.0.15 cents of land in S.No.417/2 situated at Perungalathur Village, Tambaram Taluk within four boundaries. The said land was purchased by her in the year 1993 and the same has been in her possession and enjoyment in Patta No.13729. It is the specific 2/6

case of the petitioner that the respondents 2 & 3 unauthorizely laid a road in the portion of the land belongs to the petitioner. In this regard, she submitted a representation to the 1st respondent with copy mark to the respondents 3 to 5, seeking removal of the road which was laid in the patta land of the petitioner and the same has not been considered. Therefore, she has come by way of this writ petition.

3. Mr.C.Selvaraj, learned Additional Government Pleader takes notice for Respondents 1 & 3 to 5. Mrs.S.Anitha, learned Special Government Pleader takes notice for the 2nd respondent.

4. The main grievance of the petitioner is that the respondents 2 & 3 laid a road in the portion of the patta land belongs to her. The 2nd respondent is the Competent Authority to consider the representation of the petitioner. However, the petitioner has not submitted a copy of the representation to the 2nd respondent. In such circumstance, the petitioner is directed to submit a fresh representation to the 2nd respondent within a period of two weeks from the date of receipt of copy of this order. If any such representation is made by the petitioner, the same shall be considered by the 2nd respondent and orders shall 3/6

be passed on merits and in accordance with law within a period of six weeks thereafter.

5. With the above directions, the writ petition stands disposed of. No costs.

15.09.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nti/mac To

1. The District Collector, Chenalpattu District Office, GST Road Chengalpattu 603 001.

2. The Commissioner, Tambaram City Municipal Corporation, West Tambaram 600 063.

3. The Municipality Head, Perungalathur Municipality, Chennai 600 063.

4/6

4. The Tahsildar, O/o of Tambaram Tahsildar, Tambaram 600 045.

5. The Superintend Engineer, ZONAL V, Perungalathur Municipal Office, Tambaram, Chennai 600 063.

5/6

S.SOUNTHAR , J.

nti/mac W.P No.27341 of 2023 19.09.2023 6/6