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Madras High CourtWP(MD)/14071/2017disposed of

V.Sukumaran, v. The District Collector,

2017-07-28Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.14071 of 2017 V.Sukumaran ... Petitioner Vs.

1.The District Collector, Theni District, Theni.

2.The Revenue Divisional Officer, Uthamapalayam, Theni District.

3.The Tahsildar, Bodinayakkanoor Taluk, Theni District.

4.The President, Kilakku Maravar Mahajana Sangam, Bodinayakkanoor, Theni District.

... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the second respondent to implement the order passed by the third respondent by his proceedings Na.Ka.No.731/2015/A6 dated 18.08.2015. For Petitioner : Mr.S.Kameswaran For Respondents : Mr.A.Muthukaruppan, Additional Government Pleader for R.1 to R.3 *****

ORDER

The petitioner seeks for a Writ of Mandamus directing the second respondent to implement the order passed by the third respondent by his proceedings Na.Ka.No.731/2015/A6 dated 18.08.2015.

2. Mr.A.Muthukaruppan, learned Additional Government Pleader takes notice for the respondents 1 to 3.

3. By consent of both the parties, this writ petition is taken up for disposal, at the admission stage itself. https://hcservices.ecourts.gov.in/hcservices/

4. According to the petitioner, the proceedings of the third

respondent in Na.Ka.No.731/2015/A6 dated 18.08.2015, vide which, he recommended the second respondent to open the Iron Gate and subsequently to allow the petitioner and his community people to use pathway, septic tank and drainage situated in the backside of Keela Raja Veethi, Bodinaikanur, Theni District, has not been implemented by the second respondent till date. Aggrieved by the same, the petitioner is before this Court, with the present petition.

5. It is submitted by the learned Counsel for the petitioner that the said proceedings of the third respondent was not challenged by any person before any competent authority and hence to be implemented.

6. Considering the facts and circumstances of the case, this Court, without going into the merits of the petitioner's claim, directs the second respondent to take necessary action for implementing the order of the third respondent in Na.Ka.No.731/2015/A6 dated 18.08.2015, if it is otherwise not challenged before any of the competent authority, within a period of six weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) /True copy/ Sub Assistant Registrar To 1.The District Collector, Theni District, Theni.

2.The Revenue Divisional Officer, Uthamapalayam, Theni District.

3.The Tahsildar, Bodinayakkanoor Taluk, Theni District.

+1cc to Mr.S.Kameswaran,Advocate,SR.68579 +1cc to M/S.Special Government Pleader,SR. 69317 W.P.(MD)No.14071 of 2017 28.07.2017 GK KK/MR KKR/SAR1/08.08.2017/ 2P- 6C/ https://hcservices.ecourts.gov.in/hcservices/