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Madras High CourtWP/30356/2018disposed of

K.Munusamy v. The District Collector

2018-11-27Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.11.2018 Coram The Hon'ble Mrs.Justice PUSHPA SATHYANARAYANA Writ Petition No. 30356 of 2018 & WMP.No.35435 of 2018 K.Munusamy

...Petitioner

Vs.

1.The District Collector, Salem District, Salem.

2.The Revenue Divisional Officer, Salem District, Salem.

3.The Thasildar, Asthampatti Taluk, Salem Town, Salem District.

4.Panneerselvam 5.Kanagavalli

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the respondents 1 to 3 to consider the representation of the petitioner dated 21.10.2018 in accordance with law forbearing the 4th and 5th respondents not to construct any building in the petitioner's vacant land measuring 300 sq. feet in S.No.1/34, Ward.A, Block No.10, No.52, Hasthampatty Village, Hasthampatti Taluk, Salem District.

For Petitioner : Mr.R.Srinivasa Rao For Respondents : Mr. N.Inbanathan, AGP

ORDER

Heard, Mr.R.Srinivasa Rao, the learned counsel appearing for the petitioner and Mr.N.Inbanathan, the learned Additional Government Pleader, who accepts notice on behalf of the respondents.

2. With consent of the learned counsel on either side, the Writ Petition itself is taken up for disposal. https://hcservices.ecourts.gov.in/hcservices/

3. Though the remedy sought for by the petitioner can be resolved only in an appropriate Court, it seems that the petitioner has made a representation to the respondents on 21.10.2018, to stop the construction work being carried out by one Panneerselvam and another, who are his neighbours. Since the same has not been considered till date, the petitioner has came forward to file the present writ petition before this Court seeking for a direction to the respondents to dispose of his representation dated 21.10.2018.

4. Considering the submission of the learned counsel appearing for the petitioner and also after going through the materials placed on record, this Court, without expressing any opinion on the merits of the representation dated 21.10.2018, directs the third respondent to consider the representation of the petitioner dated 21.10.2018 and dispose of the same in accordance with law and on merits, after giving an opportunity of hearing to the petitioner, respondents 4 & 5 and any of the interested persons within a period of six weeks from the date of receipt of a copy of this order.

5. With the aforesaid direction, this Writ Petition stands disposed of. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar dn To 1.The District Collector, Salem District, Salem.

2.The Revenue Divisional Officer, Salem District, Salem.

3.The Thasildar, Asthampatti Taluk, Salem Town,Salem District. +1 cc to Mr.R.Srinivas Rao, Advocate Sr.No.81095 +1 cc to The Government Pleader, Sr.No.81409 Writ Petition No. 30356 of 2018 NM(CO) CSL/28.12.2018 https://hcservices.ecourts.gov.in/hcservices/