P.Madasamy, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.14031 of 2017 P.Madasamy .. Petitioner Vs.

1.The District Collector, Theni District, Theni.

2.The Commissioner, Theni Allinagar Muncipality, Theni.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent herein to finish the works like laying road, drainage pathway etc., pending in the Ward No.24, Viswanathadas colony forest road, Theni duly allotting funds in need of the said works within the time stipulated by this Court.

For Petitioner : Mr.G.Solai Raja For Respondent No.1 : Mr.T.S.Mohamed Mohideen Additional Government Pleader For Respondent No.2 :Hema Karthigeyan

O R D E R

*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioner seeks a direction for directing the second respondent Municipality to complete the works, like laying road, drainage pathway etc., that are said to be pending in Ward No.24, Viswanathadas colony forest road, Theni.

2. When the matter was taken up for hearing, the learned counsel appearing for the second respondent stated that the Adidravida Welfare Board is yet to hand over the area in question and that is why, they are not in a position to take up the development works in the said locality. It is seen that the writ petitioner herein has submitted a representation on 25.04.2011 and again on 08.08.2013 in this connection.

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3. We have also seen the photographs annexed in the typed set of papers. Any resident is entitled to certain basic amenities. All that the writ petitioner seeks is only provision or basic infrastructural amenities. Therefore, it is for the second respondent to act on the representation submitted by the writ petitioner in this regard and to take a decision in the matter.

4. We direct the second respondent to consider the representation submitted by the writ petitioner on 08.08.2013 and pass appropriate orders, on merits and in accordance with law as expeditiously as possible.

5.The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To:

1.The District Collector, Theni District,Theni.

2.The Commissioner, Theni Allinagar Muncipality,Theni.

+1cc to M/S.HEMA KARTHIGEYAN, Advocate SR.No.70128 +1cc to Special Government Pleader, SR.No.70952 KM/NB MAS/SKN-RSK/SAR2:29.08.2017:2P-5C ORDER MADE IN W.P.(MD)No.14031 of 2017 03.08.2017 https://hcservices.ecourts.gov.in/hcservices/