Madras High CourtWP/33792/2019disposed of

M.Periyasamy v. The District Collector

2019-12-03Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.12.2019

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.33792 of 2019 M.Periyasamy .. Petitioner -vs1.The District Collector, Namakkal District, Namakkal.

2.The Project Director, Rural Development and Panchayat Raj Dept., 3.The Block Development Officer, Elcachipalayam Union, 4.Subramani, S/o.Sundaram .. Respondents Petition under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the 3rd respondent to lay the road in Survey No.77, from Athappampalayam to Kannimar Karadu at Koothampoondi Village, Tiruchengode Taluk, Namakkal District, as per the proceedings of the 1st respondent in Na.Ka.No.286/2018/A8-14 dated 04.03.2019, by considering the petitioner's representation dated 02.11.2019. For Petitioner :

Mr.R.Jayaprakash For RR1 & 2 :

Mr.T.M.Pappiah Special Government Pleader For Respondent-3:

Mr.D.Suriyanarayanan Additional Government Pleader ******

ORDER

Heard Mr.R.Jayaprakash, learned counsel for the petitioner; Mr.T.M.Pappiah, learned Special Government Pleader accepting notice on behalf of respondents 1 and 2; and Mr.D.Suriyanarayanan, learned Additional Government Pleader for the 3rd respondent.

2.With consent on either side, this writ petition is taken up for final disposal.

3.The petitioner seeks for a direction upon the 3rd respondent to lay the road in Survey No.77 from Athappampalayam to Kannimar Karadu at Koothampoondi Village, Tiruchengode Taluk, Namakkal District, as per the proceedings of the 1st respondent dated 04.03.2019, by considering his representation dated 02.11.2019.

4.The grievance of the petitioner is that funds have been sanctioned for laying a pucca road and because of some objections raised by the 4th respondent, the work is not progressive.

5.Mr.T.M.Pappiah, learned Special Government Pleader on instructions, submitted that the objections made by the 4th respondent, if any, will be considered in accordance with law and appropriate action will be taken at the earliest. 6.In the light of the above, this writ petition is disposed of by directing the 3rd respondent to take note of the objections filed by the 4th respondent and take appropriate action in accordance with law bearing in mind the public interest involved. No costs.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar abr To 1.The District Collector, Namakkal District, Namakkal.

2.The Project Director, Rural Development and Panchayat Raj Dept.,

3.The Block Development Officer, Elcachipalayam Union, +2cc to Mr.R.Jayaprakash, Advocate SR.100862,100860 +1cc to the Government Pleader SR.101636 W.P.No.33792 of 2019 GMR(CO) CB(07/01/2020)