T.Ramesh v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.12.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU

1. T.Ramesh

2. R.V.Prannes Raj

3. G.Suresh

4. C.Jagadish ... Petitioners -vs1. The District Collector, Namakkal District.

2. The Commissioner, Thiruchengode Municipality, No. 1, Velur Road (Near Town Police Station), Tiruchengode - 637211.

3. P.Ravi ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to lay the Thar Road on the existing land without altering its physical features at measuring to an extent of 62 1⁄4 cents situated at T.S.L.R. No. 35/3, 39/3, 37/2, 39/4, 24/4, 24/5, 3/10, 3/10, 35/2, 35/4, 39/5, 23/5, 34/2 and 30/2 Seetharampalayam Village, Ward A, Block 18, Thiruchengode Town by 1/5

considering the Petitioners' representation dated 31.10.2023 within a stipulated time as fixed by this Court.

For Petitioners :

Mr. V.Anandhamoorthy For Respondents :

Mr. U.Baranidharan, Additional Government Pleader (for R1) Mr. S.J.Mohammed Sathik (for R2)

O R D E R

Heard Mr. V.Anandhamoorthy, Learned Counsel for the Petitioners, Mr. U.Baranidharan, Learned Additional Government Pleader, who takes notice for the First Respondent and Mr. S.J.Mohammed Sathik, Learned Counsel, who takes notice for the Second Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2. The grievance ventilated by the Petitioners is that they had made a representation dated 30.10.2023 to the First and Second Respondents seeking to lay the tar road in the land measuring an extent of 62 1⁄4 cents situated at T.S.L.R. No. 35/3, 39/3, 37/2, 39/4, 24/4, 24/5, 3/10, 3/10, 35/2, 35/4, 39/5, 23/5, 34/2 and 30/2 Seetharampalayam Village, Ward A, Block 18, Thiruchengode Town, without altering its existing physical features, but as it 2/5

did not evoke any response, it has necessitated the filing of this Writ Petition. 3.

It has been brought to notice that the Second Respondent by Proceedings in Na. Ka. No. 6034/2023/E1 dated 24.11.2023 has held that the height of the existing tar road should not be increased and if it is violated appropriate legal proceedings would be taken against the responsible persons in that regard.

4.

In view of the subsequent events, nothing remains for further consideration in the Writ Petition, but if the Petitioners still have any grievance to be redressed in the matter, they are not precluded from working out their rights before the proper forum in the manner recognized by law. In the result, the Writ Petition is disposed with the aforesaid clarifications. No costs.

06.12.2023 2/2 Index: Yes/No NCC: Yes/No Note: Issue order copy by 15.02.2024.

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1. The District Collector, Namakkal District.

2. The Commissioner, Thiruchengode Municipality, No. 1, Velur Road (Near Town Police Station), Tiruchengode - 637211.

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P.D. AUDIKESAVALU, J.

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