S.Shahjahan, v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MRS.JUSTICE R.HEMALATHA W.P(MD)No.19432 of 2017 A.Shahjahan .. Petitioner Vs.
1. The District Collector, Collector Office, Trichy.
2. The Tahsildar, Trichy (East).
3. The Head Surveyor, Tahsildar Office, Trichy (East).
4. The Tiruchirapalli City Municipal Corporation, through its Commissioner, Tiruchirapalli.
.. Respondents [4th respondent is impleaded, vide order, dated 15.12.2017, made in W.M.P(MD)No.19060 of 2017] PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 31.08.2017.
For Petitioner : Mr.H.Lakshmi Shankar For Respondents 1 to 3 : Mr.M.Murugan, Government Advocate For 4th respondent : Mr.N.S.Karthikeyan
ORDER
[Order of the Court was made by M.SATHYANARAYANAN, J.] By consent, this writ petition itself is taken up for final disposal.
2.Mr.M.Murugan, learned Government Advocate, appeared for the respondents 1 to 3. Mr.N.S.Karthikeyan, learned standing counsel, appeared for the newly impleaded 4th respondent. 3.The petitioner claims to be the Secretary of the Mohammed Nagar Welfare Association and came forward to file the writ petition as a Public Interest Litigation stating among the other things that in Mohammed Nagar as well as adjacent area ie. J.K.Nagar, R.S.Puram and R.V.S.Nagar, more than 500 houses are located and the only road to have access to the city from that area is Kajamalai Main Road and the said road is also being used by the Central Warehousing Corporation of India and the other industrial units and as such, there is a heavy flow of vehicular movements in that road.
According to the petitioner, there is an alternative way available to reach the main road which lies adjacent to EVR College. Therefore, he submitted a representation dated 31.08.2017 to the concerned respondents to connect SRM Hotel Road and TWAD Board Office for the purpose of providing an alternative pathway by laying road in 300 meters mud road to reach the main road. Though it was received and acknowledged, no response is forthcoming and hence, the petitioner came forward to file this writ petition.
4. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents.
5. Considering the limited relief sought for by the petitioner, this Court, in the light of the aforesaid facts and circumstances of the case and without going into the merits of the averments made in the representation as well as in the writ petition, permits the petitioner to submit a detailed representation to the 4th respondent along with the relevant materials, within a period of two weeks from the date of receipt of a copy of this order and upon receipt of the same, the 4th respondent is directed to consider the said representation and pass appropriate orders on merits and in accordance with law, within a further period of eight weeks thereafter and communicate the decision taken to the petitioner.
6.The writ petition stands disposed of accordingly. No costs.
Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar
To
1. The District Collector, Collector Office, Trichy.
2. The Tahsildar, Trichy (East).
3. The Head Surveyor, Tahsildar Office, Trichy (East).
4. The Commissioner, Tiruchirapalli City Municipal Corporation, Tiruchirapalli.
+ 1 cc TO Mr.H.Lakshmi Shankar , Advocate in SR No. 41318 + 1 cc TO The Special Government Pleader in SR No. 41536 gcg AE/SV MMS/SAR1/19.01.2018/3P/7C ORDER MADE IN W.P(MD)No.19432 of 2017 09.01.2018