R.Venkatesan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2022 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI R.Venkatesan ... Petitioner Vs.
1. The District Collector, Cuddalore, Cuddalore District 607 001.
2. The Tahsildar, Tittagudi Taluk, Cuddalore District 606 106.
3. The Block Development Officer, Mangalore Block, Cuddalore District 606 302.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent to survey and measurement in connection with survey numbers 125/2, 127158/9, 216/1, 125/5, 128, 132, 144, 147, 161/1B, 161/2A, 176/5, 177/5 and 48/5, which are situated within jurisdiction of Edaicheruvai Panchayat, Mangalore Block, Cuddalore District.
For Petitioner : Mr.P.Ganapathy For R1 and R2 : Mr.U.Bharanidharan Additional Government Pleader For R3 : Mr.G.Velu Additional Government Pleader 1/5
ORDER
This Writ Petition has been filed seeking issuance of a Writ of Mandamus to direct the second respondent to survey and measurement in connection with survey numbers 125/2, 127-158/9, 216/1, 125/5, 128, 132, 144, 147, 161/1B, 161/2A, 176/5, 177/5 and 48/5, which are situated within jurisdiction of Edaicheruvai Panchayat, Mangalore Block, Cuddalore District.
2. The case of the petitioner is that he is an elected president of Edaicheruvai Panchayat, Mangalore Block, Cuddalore District. It is stated that the first respondent/District Collector passed the proceedings dated 11.09.2020, 22.09.2020, 16.12.2021 and 07.06.2022, granting the aforesaid properties for the work of providing Pavar Block 100 Meter Village street, construction of cremation shed, and for other public work purposes. The grievance of the petitioner is that, for the aforesaid allotment of public work purposes, the petitioner could not able to identify the length-breadth of the aforesaid survey numbers owned by panchayat, therefore the allotment of public work could not be implemented by the authorities. Therefore, the petitioner/Edaicheruvai Panchayat Board made resolution's/representations dated 02.07.2021, 28.07.2021, 03.01.2022 and 02.02.2022 before the second 2/5
respondent, seeking to survey, demarcate and fix the boundary stones in respect of the aforesaid properties and the petitioner also paid the necessary charges. Since the said representations were not considered by the second respondent, the petitioner had filed the present Writ Petition.
3. Though very many grounds have been raised in this Writ Petition, the learned counsel for the petitioner submitted that, it would suffice, if this Court issues a direction to the second respondent to consider the petitioner's representations dated 02.07.2021, 28.07.2021, 03.01.2022 and 02.02.2022 and pass orders on the same within a particular time frame that to be fixed by this Court.
4. The learned Additional Government Pleader appearing for the respondents has no objection for the said order being passed.
5. In view of the above, this Court, without expressing any opinion on the merits of the case, directs the second respondent to consider the petitioner's representations dated 02.07.2021, 28.07.2021, 03.01.2022 and 02.02.2022 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner and other 3/5
aggrieved person, if any, within a period of twelve weeks from the date of receipt of a copy of this order.
6. With the above observations and direction, this Writ Petition is disposed of. No costs.
01.12.2022 Index : Yes / No Speaking order: Yes/ No jd To
1. The District Collector, Cuddalore, Cuddalore District 607 001.
2. The Tahsildar, Tittagudi Taluk, Cuddalore District 606 106.
3. The Block Development Officer, Mangalore Block, Cuddalore District 606 302.
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M.DHANDAPANI, J., jd 01.12.2022 5/5