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Madras High CourtWP/30496/2024disposed of with direction

Mr.Jawahar v. The Tahsildar

2024-10-17Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.10.2024

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI W.P.NO.30496 of 2024 Jawahar ... Petitioner Vs.

1. The Tahsildar, Kanchipuram District.

2. The Village Administrative Officer, Sevilimedu Village, Kanchipuram District.

3. The Inspector of Police, Taluk Police Station, Kanchipuram.

4. The Secretary, Dravida Munnetra Kalagam, Kanchipuram South district, No.86, T.K.Nambi Street, Chinna Kanchipuram.

......Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 and 2 to remove unauthorised flag poles erected on the road margins in front of the petitioner's building premises situated at S.No.988/1, Road Street, Sevilimedu Village, Kanchipuram District based on the representation dated 27.06.2024. For Petitioners : Mr.Sivakumar Rajappan For Respondents : Mr.U.Bharanidharan, AGP RR1 & 2 Mr.L.Baskaran GA (Cr1 side) R3

ORDER

The writ petitioner seeks a direction to the respondents 1 and 2 to remove unauthorised flag poles erected on the road margins in front of the petitioner's building premises situated at S.No.988/1, Road Street, Sevilimedu Village, Kanchipuram District based on the representation dated 27.06.2024.

2. It is the case of the petitioners that the 4th respondent is being a political party have encroached the public road and put up flag polices in front of the petitioner house. Therefore, the petitioner lodged a complaint before the respondents 1 to 3 regarding the encroachment of the public road made by the 4th respondent and the same has not been considered so far. Hence, the present petition.

3. The learned counsel for the petitioner submitted that this Court may issue a directions to the respondents to consider and pass orders on the petitioners representation within the stipulated time as fixed by this Court.

4. The learned Additional Government Pleader appearing for the respondents submitted that no flag pole has been put up in front of the petitioner house. To that effect, photographs are also produced before this Court.

5. Heard the learned counsel for the petitioner as well as the learned Government Counsel appearing for the respondents and perused the materials available on record.

6. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this Court directs the second respondent to consider the petitioners representation dated 27.06.2024 and pass appropriate orders and communicate to the order to the petitioner within a period of four weeks from the date of receipt of a copy of this order.

7. With the above directions, the writ petition stands disposed of No costs. 17.10.2024 To

1. The Tahsildar, Kanchipuram District.

2. The Village Administrative Officer, Sevilimedu Village, Kanchipuram District.

3. The Inspector of Police, Taluk Police Station, Kanchipuram.

M. DHANDAPANI .J