Madras High CourtWP(MD)/15164/2021disposed of

Balasubramanian R v. The District Collector

2021-08-26Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

W.P(MD)No.15164 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.08.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)No.15164 of 2021 R.Balasubramanian ... Petitioner Vs.

1.The District Collector, Trichy District, Collectorate, Trichy.

2.The Project Director, Project Implementation Unit, National Highways Authorities of India, Plot No.26, First Floor, VGP Nagar West, Valuthareddy Post, Villupuram-605 401.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to provide ingress and egress to the petitioner's land in Survey Nos.262 and 260, Keelarasu Village, Trichirapalli with the NH227 by passing orders on the petitioner's statutory application / representation dated 15.02.2021, within the time that may be stipulated by this Court. For Petitioner : Mr.M.Mahaboob Athiff for M/s.Ajmal Associates For R-1 : Mr.R.Baskaran Counsel for State For R-2 : Mr.Su.Srinivasan

ORDER

The petitioner seeks the provision of ingress and egress to his land in Survey Nos. 262 and 260, Keelarasu Village, Trichirapalli.

2. The petitioner states that he is the owner of lands in the aforesaid survey numbers. A portion of the land originally held by him was acquired by initiating proceedings under the National Highways Act, 1956. Upon taking possession of the acquired lands, the petitioner states that the second respondent has commenced construction of a compound wall on either side of the highway, thereby impeding the petitioner's ingress and egress to the property. Consequently, the petitioner filed a statutory application to the second respondent. The present Writ Petition is filed on account of the failure of the said respondent to take action thereon.

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W.P(MD)No.15164 of 2021

3. Mr.R.Baskaran, learned counsel for the State, accepts notice on behalf of the first respondent and Mr.Su.Srinivasan, learned standing counsel, accepts notice on behalf of the second respondent. It is submitted on behalf of the second respondent that the petitioner's representation would be considered and disposed of within a reasonable time frame.

4. In the aforesaid facts and circumstances, without going into the merits of the matter, the second respondent herein is directed to consider the petitioner's representation dated 15.02.2021 and pass a speaking order thereon after providing a reasonable opportunity to the petitioner. Such speaking order shall be issued within a period of two (2) months from the date of receipt of a copy of this order.

5. W.P.(MD).No.15164 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg 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.

To 1.The District Collector, Trichy District, Collectorate, Trichy.

2.The Project Director, Project Implementation Unit, National Highways Authorities of India, Plot No.26, First Floor, VGP Nagar West, Valuthareddy Post, Villupuram-605 401.

+1 CC to M/s.SU.SRINIVASAN, Advocate(SR-27413[F] dated 26/08/2021) +1 CC to M/s.SPL GP (SR-27531[F] dated 27/08/2021) W.P(MD)No.15164 of 2021 26.08.2021 SB(03.09.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2