R.Sudalaimuthu v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.6103 of 2025 R.Sudalaimuthu ... Petitioner -Vs1.The District Collector, Tirunelveli.
2.The Commissioner, Manur Panchayat Union, Manur Taluk, Tirunelveli.
3.The Block Development Officer, Manur Panchayat Union, Tirunelveli.
4.The President, Prancheri Panchayat, Manur Taluk, Tirunelveli.
5.K.Ramakrishnan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to take action against the unauthorized construction of windmill by the 5th respondent in the land situated in
S.Nos.551 & 552/2 at Pirancheri Village, Manur Taluk, Tirunelveli District by considering the petitioner's representations dated 18.09.2024 and 08.11.2024 within the time fixed by this Court.
For Petitioner : Mr.V.S.Kishok Kumar For R1 to R4 : Mrs.D.Farjana Ghoushia, Special Government Pleader
ORDER
[Order of the Court was made by J.NISHA BANU, J.] By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
2.It is the grievance of the petitioner that his representations dated 18.09.2024 and 08.11.2024 to take action against the unauthorized construction of windmill made by the 5th respondent in the land situated in S.Nos.551 & 552/2 at Pirancheri Village, Manur Taluk, Tirunelveli District, are kept pending till date without any progress. Therefore, he has filed this Writ Petition with the aforesaid prayer.
3.Mrs.D.Farjana Ghoushia, learned Special Government Pleader, who takes notice on behalf of the respondents 1 to 4, submits that the representations
of the petitioner would be considered and appropriate orders would be passed on its own merits within a period that may be stipulated by this Court. 4.Notice to the 5th respondent is dispensed with, since no adverse order is going to be passed as against him.
5.Considering the limited scope of the prayer sought for by the petitioner, without expressing any opinion on the merits of the claim made by the petitioner either in the representations or in the affidavit filed in support of this Writ Petition, we direct the official respondents to consider the representations of the petitioner dated 18.09.2024 and 08.11.2024, after giving sufficient opportunity of hearing to the petitioner and the 5th respondent and pass appropriate orders on merits and in accordance with law within a period of four [4] weeks from the date of receipt of a copy of this order.
6.With the above direction, this Writ Petition is disposed of. No costs. [J.N.B., J.] & [S.S.Y., J.] 07.03.2025 NCC : Yes / No Index : Yes / No Yuva
To 1.The District Collector, Tirunelveli.
2.The Commissioner, Manur Panchayat Union, Manur Taluk, Tirunelveli.
3.The Block Development Officer, Manur Panchayat Union, Tirunelveli.
4.The President, Prancheri Panchayat, Manur Taluk, Tirunelveli.
5.K.Ramakrishnan, S/o.Kumarasamy, No.127, Main Road, Thalayaypalayam, Punjai Thottakurichi, Karur.
J.NISHA BANU, J.
AND S.SRIMATHY , J.
Yuva W.P.(MD)No.6103 of 2025 07.03.2025