Joseph.S v. The Dist.Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2021

CORAM

THE HONOURABLE MR.JUSTICE T. S. SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI and W.M.P.(MD) No.7928 of 2021 S.Joseph ... Petitioner Vs.

1.The District Collector, 2.The Tahsildar, 3.The Block Development Officer, Sakkottai, Sivagangai District.

4.The President, Nemam Panchayat, Kundrakudi Post, 5.The Managing Trustee, Sri Jeyamkondacholeeswarar, Sri Sowntharanayaki Amman Temple, Nemam Village, Kundrakudi Post, Thirupathur Taluk, Sivagangai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the Respondents 1 to 4 to lay a Paver Block East West pathway in the middle of the lands in S.No.240/14 and 240/15 and to remove the encroachments in the pathway bearing S.No.240/16 in Nemam Village, Thirupathur Taluk, Sivagangai District by considering the Petitioner's representation dated 03/05/21.

For Petitioner : Mr.K.Vinoharan For Respondent Nos.1 & 2 : Mr.A.K.Manickam, Standing Counsel for Government For Respondent Nos.3 & 4 : Mr.R.Suresh Kumar Standing Counsel for Government For Respondent No.5 : Mr.Arun Swaminathan * * * * * 1/3

ORDER

(Order of the Court was made by T. S. SIVAGNANAM, J.) The petitioner seeks for a direction, directing the Respondents 1 to 4 to lay a Paver Block East West pathway in the middle of the lands in S.No.240/14 and 240/15 and to remove the encroachments in the pathway bearing S.No.240/16 in Nemam Village, Thirupathur Taluk, Sivagangai District by considering the Petitioner's representation dated 03/05/21.

2.In our considered opinion, it is for the authorities to take note of the demands of the public and we cannot decide as to in which place what type of road has to be laid. There appears to be some dispute between the petitioner and the fifth respondent. If it is so, it is for the officials to take a decision in the matter. 3.In the light of the above, the Writ Petition is disposed of by directing the first respondent to consider the representation of the petitioner dated 03.05.2021, after issuing notice to the petitioner and fifth respondent and take a decision on merits and in accordance with law as expeditiously as possible. No costs. Consequently, connected Writ Miscellaneous Petition is closed. Sd/- Assistant Registrar (CSIII) // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

Sj To 1.The District Collector, 2.The Tahsildar, 2/3

3.The Block Development Officer, Sakkottai, Sivagangai District.

4.The President, Nemam Panchayat, Kundrakudi Post, +1 CC to M/s.G,PRABHU RAJADURAI, Advocate ( SR-19614[F] dated 18/06/2021 ) +1 CC to M/s.SPL GP ( SR-19787[F] dated 21/06/2021 ) 17.06.2021 GS (23.06.2021) 3P 7C 3/3