V.Srinivasan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.09.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU V.Srinivasan ..

Petitioner Vs.

1. The District Collector Collectorate Buildings, Erode District.

2. The Revenue Divisional Officer Revenue Divisional Office Kodumudi Taluk, Erode District.

3. The Tahsildar Office of the Tahsildar Kodumudi Taluk, Erode District.

4. The Block Development Officer Block Development Office Kodumudi Taluk, Erode District.

5. The President Nagamanickenpalayam Village Panchayat Aaruvaiyarparai Post Kodumudi Taluk, Erode District.

6. Ramasamy

7. K.Gopi

8. Srinivasan

9. Suresh

10. Arivu ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the first respondent to issue appropriate instructions to the respondents 2 to 4 from in any way constructing the Community Hall in Survey No.5/9, Old S.No.79 and S.No.70/19 to an extent of 0.01.52 hectares, which is earmarked for Ularkalam (Threshing Floor) at the instance of the respondents 6 to 10 and consequently direct the third and fourth respondent to lay the cement threshing floor at the said place based on the representation dated 03.05.2023.

For the Petitioner : Mr.N.Umapathi For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Special Government Pleader for R1 to R4

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.N.Umapathi learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader for respondents 1 to 4.

2. According to learned counsel for the petitioner, the lands in S.Nos.5/9 and 17/19 are granted for threshing, however, the respondents are intending to construct a Community Hall. The petitioner has given a representation to that effect on 03.05.2023.

3. The petitioner has already given a representation to the first respondent. In case such representation is pending before the first respondent, the first respondent shall take a decision on the said representation, on its own merits and in accordance with law and policy, preferably within a period of three months.

4. In view of that, the writ petition stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 14.09.2023 Index :

Yes/No :

Yes/No drm

To

1. The District Collector Collectorate Buildings, Erode District.

2. The Revenue Divisional Officer Revenue Divisional Office Kodumudi Taluk, Erode District.

3. The Tahsildar Office of the Tahsildar Kodumudi Taluk, Erode District.

4. The Block Development Officer Block Development Office Kodumudi Taluk, Erode District.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(drm) 14.09.2023