Madras High CourtWP/32729/2022disposed of

R.Sivakumar v. The District Collector

2023-03-21Honourable Mr Justice M.S. Ramesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH 1.R.Siva Kumar 2.R.Prema 3.R.Divakaran 4.D.Sivaraman

...Petitioners

1. The District Collector, Collectorte Campus, Kanchipurm District, Kanchipuram.

2. The Revenue Divisional Officer, O/o the Revenue Divisional Office, Kanchipuram District.

3. The Tahsildar, Uthiramerur, Kanchipuram District.

4. The Village Administrative Officer, Salavakkam, Uthiramerur Taluk, Kanchipuram District, Kanchipuram.

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5. The Superintendent of Police, Collectorate Campus, Kanchipuram, Tamil Nadu-631501 6.The Inspector of Police, D-5 Police Station, Salavakkam, Kanchipuram District-603 107.

7. SPV.Sakthivel

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 3rd respondent to remove the obstruction made by the 7th respondent in front of the entrance gate of patta land preventing the ingress and egress of the petitioners from the Government thar Road to patta land through the Government land. For Petitioners : Mr.R.Senthil Kumar For Respondents : Ms.Akila Rajendran Government Advocate For R.1 to R.6

ORDER

Heard Mr.R.Senthil Kumar, learned counsel for the petitioners and Ms.Akila Rajendran, learned Government Advocate for the respondents 1 to 6. 2/6

2. The limited prayer sought for in the present Writ Petition is for a direction to the 3rd respondent to remove the obstruction made by the 7th respondent in front of the entrance gate of patta land preventing the ingress and egress of the petitioners from the Government thar Road to patta land through the Government land.

3. This Court is of the view that such a claim requires to be considered by the concerned respondent and this Court may not be justified in stepping into the shoes of the respondents to consider the same. Nevertheless, if the petitioner is granted liberty to give a representation to the respondents herein, seeking to to remove the obstruction made by the 7th respondent in front of the entrance gate of patta land preventing the ingress and egress of the petitioners from the Government thar Road to patta land, with a consequential direction to the respondents to consider the same within a stipulated time, the ends of justice could be secured.

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4. In the light of the above observations, the petitioners are granted liberty to give a representation to the third respondent, ventilating their grievances and on receipt of the same, the third respondent shall consider it on its own merits and pass appropriate orders in accordance with law after giving notice to the seventh respondent, within a period of twelve (12) weeks from the date of receipt of the representation. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim made by the petitioners and it is open to the concerned respondent to consider it on its own merits.

5. With the above direction, this Writ Petition stands disposed of. No costs.

21.03.2023 Speaking/Non-speaking Order Internet: Yes/No Index: Yes/No 4/6