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Madras High CourtWP/29275/2022disposed of

Rajammal v. The District Collector

2022-11-15Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.11.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Rajammal . . . Petitioner Vs.

1. The District Collector, O/o. The District Collector, Erode-Post & District.

2. The Tahsildar, O/o.the Tahsildar, Erode-Post & district.

3. Nagarajan . . . Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or any other writ or order or direction, directing the respondents to consider the petitioner's representation dated 13.07.2022 relating to the removal of illegal fencing infront of the house which leads to obstruct free access to the public pathway road. For Petitioners : M/s.D.Veerasekharan For Respondents : Mr.U.Baranidharan, Additional Government Pleader 1/4

ORDER

The present petition has been filed seeking a direction to respondents to the consider the petitioner's representation dated 13.07.2022 requesting for removal of fencing in front of the petitioner's house.

2. It is the case of the petitioner is that the subject property was allotted to the petitioner in respect of which, patta was also granted, based on which, she is in absolute possession of the same. While being so, the neighbour, who is her relative had illegally put up a fence made up of iron, in front of the petitioner's house which is obstructing her ingress and egress to her property. Therefore, the petitioner made a representation to respondents 1 & 2 requesting to remove the said fence, however, till date, the said representation has not been considered. Hence, the present petition has been filed.

3. Though very many grounds have been raised, learned counsel for the petitioner submits that, it would suffice, if this Court issues a direction to the respondents to consider the representation dated 13.07.2022 made by 2/4

the petitioner and pass orders on the same, within the time that may be stipulated by this Court.

4. However, learned Additional Government Pleader appearing for the respondent on instructions, submits that the fence which has put up in front of the petitioner's house will be removed.

5. Recording the same, nothing survives for further adjudication in the present petition. Accordingly, this Writ Petition is disposed of. No Costs.

15.11.2022 NHS Index : Yes / No Internet : Yes / No 3/4

M.DHANDAPANI, J.

NHS To

1. The District Collector, O/o. The District Collector, Erode-Post & District.

2. The Tahsildar, O/o.the Tahsildar, Erode-Post & district.

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