R.Chinnathambi v. The District Collector

2023:MHC:5205

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2023 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH R.Chinnathambi .. Petitioner vs 1.The District Collector, Dharmapuri District.

2.The Assistant Divisional Engineer, Highways Department, Harur, Dharmapuri District.

3.Chinnapaiyan 4.Kesavan 5.Sekar .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing respondents 1 and 2 to remove the obstructions created by respondents 3 to 5 on the road under bridge in S.No.52/3A in Kelaparai Village, Harur Taluk, Dharmapuri District.

For Petitioner :

Mr.J.Bharathiraja For Respondents :

Mr.J.C.Durairaj, AGP for R1, R2 1/4

ORDER

Read this order in conjunction with and in continuation of order dated 23.11.2023 that reads as follows:- "Mr.J.C.Durairaj, learned AGP, accepts notice for the respondents 1 and 2 and seeks a days time to obtain instructions on the nature of obstruction that is alleged to have been caused by private respondents.

2. List on 24.11.2023 at the end of admission list."

2. Written instructions have been obtained from the Assistant Divisional Engineer Highways C&M, Harur, arrayed as R2. 3.

The instructions state that respondents appear to have blocked the vent on the culvert located at Km 0/8 of Ponneri - Kelapparai road, which is maintained by Harur (Highways), Construction and Maintenance Sub-Division, Highways Department, on the upstream end.

4.

Learned Additional Government Pleader assures the Court that the needful will be done to remove the gravel to ensure proper water flow from the petitioner's land before the onset of monsoon.

5.

Incidentally, R2 states in letter dated 22.11.2023 that no representation has been given by the petitioner in this regard, thus far. However, petitioner has placed on record representation 2/4

dated 25.07.2023 issued to respondents, including to R2 and the assertion of R2 is thus not correct. Let the needful be positively done within a week from today.

6.

Writ petition stands closed in terms of this order. No costs.

24.11.2023 Index:Yes/No ssm To 1.The District Collector, Dharmapuri District.

2.The Assistant Divisional Engineer, Highways Department, Harur, Dharmapuri District.

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DR. ANITA SUMANTH,J.

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