Sengottuvel.R v. The Block Development Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.03.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE R.Sengottuvel ... Petitioner vs.
1.The Block Development Officer, Town Panchayat, Panchayat Union Office, Karur.
2.The Assistant Engineer, Panchayat Union Office, Karur.
3.The President, Karur Panchayat Union, Panchayat Union Office, Vennamalai, Karur-639 006.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to take appropriate action for ensuring the laying of the road at Kattur, Vangal Kuppuchipalayam Village, Karur District strictly in accordance with the norms for the laying of the road on the basis of the petitioner's representation dated 09.07.2021. For Petitioner :Mr.V.Balaji For R2 :Mr.B.Saravanan Additional Government Pleader For R1 and R3 :Mr.G.Sivaraja *****
O R D E R
This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to take appropriate action for ensuring the laying of the road at Kattur, Vangal Kuppuchipalayam Village, Karur District strictly in accordance with the norms for laying of the road on the basis of the petitioner's representation dated 09.07.2021.
2.The case of the petitioner is that the respondents are not laying the road in accordance with the prescribed norms. In such circumstances, he has given a representation on 09.07.2021 to take appropriate action for ensuring the laying of the road at Kattur, Vangal Kuppuchipalayam Village, Karur District strictly in accordance with the norms for laying of the road. Since the said representation has not been considered till date, he has filed this Writ Petition.
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3.Heard Mr.V.Balaji, learned Counsel for the petitioner and Mr.B.Saravanan, learned Additional Government Pleader for the second respondent and Mr.G.Sivaraja, learned Counsel for the respondents 1 and 3.
4.The learned Counsel for the respondent 1 and 3 has placed before this Court the photographs of the road laid by the third respondent and would submit that the road work has already been completed and there is no possibility of any alteration. He would also submit that only in accordance with the standard norms, the road has been laid. The said statement is recorded. 5.The learned counsel for the petitioner still insists that the petitioner's representation will have to be considered on merits and in accordance with law. No prejudice will be caused to the respondents, if such an exercise is done.
6.Accordingly, this Court directs the third respondent to consider the petitioner's representation, dated 09.07.2021 requesting the third respondent to lay the road strictly in accordance with the norms for laying the road and pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner within a period of twelve weeks from the date of receipt of a copy of this order.
7.With the aforesaid directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To 1.The Block Development Officer, Town Panchayat, Panchayat Union Office, Karur.
2.The Assistant Engineer, Panchayat Union Office, Karur.
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3.The President, Karur Panchayat Union, Panchayat Union Office, Vennamalai, Karur-639 006.
+1 CC to M/s.V.BALAJI, Advocate ( SR-15420[F] dated 30/03/2022 ) +1 CC to M/s.SPL GP ( SR-15341 & 15358[F] dated 30/03/2022 ) Order made in 29.03.2022 NSN(CO) GC(06.04.2022) 3P 6C 3/3