Moovendan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.04.2022
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE Moovendan ... Petitioner Vs.
1.The District Collector, Pudukkottai District, Pudukkottai.
2.The Block Development Officer, Rural Development and Panchayat, Kunnandar Kovil, Kulathur Taluk, Pudukkottai District.
3.The Tahsildar, Kulathur Taluk, Pudukkottai District.
4.The Panchayat President, Killukottai Panchayat Office, Killukottai Village, Kulathur Taluk, Pudukkottai District.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the second and third respondents to renovate the street road to extent of petitioner's house based on the petitioner's representations dated 06.01.2022 and 30.03.2022. For Petitioner : Mr.E.Balasubramanian For R-1 and R-3 : Mr.T.Amjad Khan, Government Advocate.
For R-2 : Mr.S.Shanmugavel, Additional Government Pleader.
ORDER
This Writ Petition has been filed for a Mandamus seeking for a direction to the second and third respondents to renovate the street road and extend the same to the petitioner's house based on the petitioner's representations dated 06.01.2022 and 30.03.2022 within a time frame to be fixed by this Court.
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2. According to the petitioner, he is an agricultural coolie and is residing in the street road in Old S.F.No.437/36, New Survey No.213/2BA, Killukottai Village, Kulathur Taluk, Pudukkottai District. He has given representations for renovation of the street road and to extend the same to his house on 06.01.2022 and 30.03.2022 to the official respondents.
Since the said representations have not been considered till date, he has filed this Writ Petition.
3. Heard Mr.E.Balasubramanian, learned counsel for the petitioner, Mr.T.Amjad Khan, learned Government Advocate, who accepts notice on behalf of the respondents 1 and 3 and Mr.S.Shanmugavel, learned Additional Government Pleader, who accepts notice on behalf of the second respondent.
4. The petitioner has filed documents along with the Writ Petition to show that he is residing in the aforementioned property. He seeks for renovation of the street road in which his house is situated and also seeks for extension of the said road to his house. He has given representations on 06.01.2022 and 30.03.2022 for the said purpose.
5. No prejudice would be caused to the respondents, if the petitioner's representations are considered on merits and in accordance with law, after affording a fair hearing to the petitioner within a time frame to be fixed by this Court.
6. For the foregoing reasons, this Court directs the first and second respondents to consider the petitioner's representations dated 06.01.2022 and 30.03.2022 seeking for renovation of the street road comprised in Old S.F.No.437/36, New Survey No.213/2BA at Killukottai Village, Kulathur Taluk, Pudukkottai District, in which the petitioner's house is situated and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner, within a period of three (3) months from the date of receipt of a copy of this order.
7. With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.
Sd/- Assistant Registrar (RTI) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm 2/3
To 1.The District Collector, Pudukkottai District, Pudukkottai.
2.The Block Development Officer, Rural Development and Panchayat, Kunnandar Kovil, Kulathur Taluk, Pudukkottai District.
3.The Tahsildar, Kulathur Taluk, Pudukkottai District.
+1 CC to M/s.SPL.GP ( SR-19378[F] dated 19/04/2022 ) 18.04.2022 RK(02/05/2022) 3P 5C 3/3