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Madras High CourtWP(MD)/14205/2017disposed of

T.Muthukrishnan, v. Tn Corporation For

2017-08-01Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.14205 of 2017 and W.M.P.(MD) No.11106 of 2017 T.Muthukrishnan ... Petitioner -vs1. Tamil Nadu Corporation for Industrial Infrastructure Development Ltd. (TACID), Rep. by its Chairman & Managing Director, 68, Greams Road, Chennai-600 006.

2. The District Collector, Tirunelveli District, Tirunelveli.

3. State Industries Promotion Corporation of Tamil Nadu Limited, Rep. by its Project Officer, SIPCOT Industrial Growth Centre, Gangaikondan, Tirunelveli District-627 352.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the 3rd respondent to implement the order passed by the 2nd respondent in his proceedings in Na.Ka.J2/11238/2011 dated 12.02.2016 so as to enable the Petitioner to access the land in Survey No.1853, Gangaikondan Part-I Village.

For Petitioner ... Mr.B.Saravanan For Respondents ... Mr.M.Alagathevan Spl. Govt. Pleader *****

O R D E R

This writ petition has been filed, seeking to direct the 3rd respondent to implement the order passed by the 2nd respondent in his proceedings in Na.Ka.J2/11238/2011 dated 12.02.2016 so as to enable the petitioner to access the land in Survey No.1853, Gangaikondan Part-I Village.

2. Heard the learned counsel on either side.

3. The case of the petitioner is that the land of the petitioner and his brothers was purchased by the 1st respondent with an assurance to provide pathway so as to have access to their other portion of the land in S.No.1853. Though the 2nd respondent, after https://hcservices.ecourts.gov.in/hcservices/

thorough enquiry and on verification of records and also based on the direction of the 1st respondent, had directed the 3rd respondent vide proceedings dated 12.02.2016 to take immediate steps for providing access to the petitioner, the third respondent has not taken any steps so far and has been keeping the matter pending for quite a long time. Having fed up with the attitude of the third respondent and finding no other efficacious remedy, the petitioner is before this Court with the above prayer.

4. It is seen that inspite of positive direction issued by the higher authorities, the third respondent has not acted upon diligently and the petitioner has been made to run from pillar to post to have a pathway to his property. But, all his efforts ended in vain, owing to which, he has knocked at the doors of this Court once again.

5. Hence, considering the facts and circumstances of the case and in the fitness of things, this Court directs the third respondent to act upon the direction issued by the 2nd respondent dated 12.02.2016 with rapid movements, preferably within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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

1. The Chairman & Managing Director, Tamil Nadu Corporation for Industrial Infrastructure Development Ltd. (TACID), 68, Greams Road, Chennai-600 006.

2. The District Collector, Tirunelveli District, Tirunelveli.

3. The Project Officer State Industries Promotion Corporation of Tamil Nadu Limited, SIPCOT Industrial Growth Centre, Gangaikondan, Tirunelveli District-627 352.

+One cc to Mr.B.Saravanan, Advocate, SR.no.69475 +One cc to The Special Government Pleader, SR.No.70181 ar RL/6C/2P/MR/KKR/SAR2/10/8/2017 W.P(MD)No.14205 of 2017 01.08.2017 https://hcservices.ecourts.gov.in/hcservices/