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Madras High CourtWP(MD)/5807/2022disposed of

Nelson .C v. The Block Development Officer

2025-11-27Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.5807 of 2022 C.Nelson .. Petitioner Vs 1.The Block Development Officer, Thiruvattar Union Panchayat, Thiruvattar, Kanyakumari District.

2.The Superintendent of Police, Kanyakumari District, Nagercoil.

3.The Executive Officer, Kumarankudi Village Panchayat, Kumarankudi, Sengodi Post, Thiruvattar Taluk, Kanyakumari District.

4.The Inspector of Police, Thiruvattar Police Station, Thiruvattar, Kanyakumari District.

... Respondents 1/5

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to forbear the respondents from permitting the auto stand in front of the petitioner's complex in S.No.141/3, 393/6, 85/8C and 220/9A, situated at Kumarankudi Village, Magattukadai, Thiruvattar Taluk, Kanyakumari District based on his representation dated 28.12.2021.

For Petitioner : Mr.G.Gomathi Sankar For R1 : Mr.A.Kannan Additional Government Pleader For R2 & R4 : Mr.S.Prakash Government Advocate (crl.side)

ORDER

This writ petition has been filed seeking Mandamus to forbear the respondents from permitting the auto stand in front of the petitioner's complex in S.No.141/3, 393/6, 85/8C and 220/9A, situated at Kumarankudi Village, Magattukadai, Thiruvattar Taluk, Kanyakumari District based on his representation dated 28.12.2021.

2. It is the case of the petitioner that he purchased the petition mentioned property vide registered sale deed of the year 2002. Thereafter, he constructed the complex in the said property and leased out the same to third parties for running their business. It is the grievance of the petitioner that some of the 2/5

persons are using the front side of his complex as an auto stand, without getting any permission, which causes nuisance to his tenants and public also. In this regard, the petitioner has already approached this Court by filing W.P(MD).No. 10609 of 2020 and the same was closed by this Court as the grievance of the petitioner has already been redressed through enquiry initiated in CSR.No.575 of 2020 on the file of the fourth respondent police. However, after one year, they continue to park the auto in front of the his complex. Therefore, the petitioner has submitted a representation to the respondents 1 to 3 seeking removal of the alleged auto stand. However, the said representation has not been considered so far. Hence, the petitioner is before this Court.

3. The learned Additional Government Pleader appearing for the first respondent, on instructions, would submit that the representation of the petitioner would be considered within a time frame to be stipulated by this Court.

4. Considering the above, this Court directs the first respondent to consider the petitioner's representation dated 28.12.2021 and pass order thereon in accordance with law, within a period of two months from the date of receipt of a copy of this order.

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5. With the above direction, this Writ Petition is disposed of. No costs. 27.11.2025 NCC : Yes/No Index : Yes/No Internet:Yes Rmk To 1.The Block Development Officer, Thiruvattar Union Panchayat, Thiruvattar, Kanyakumari District.

2.The Superintendent of Police, Kanyakumari District, Nagercoil.4.The Inspector of Police, Thiruvattar Police Station, Thiruvattar, Kanyakumari District.

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P.T.ASHA, J.

Rmk Writ Petition(MD)No.5807 of 2022 27.11.2025 5/5