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Madras High CourtWP(MD)/15518/2021disposed of

Tamilmaran v. The Principal Secretary

2021-08-31Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Tamilmaran ... Petitioner Vs.

1.The Principal Secretary, Rural Development and Panchayat Raj Department, Secretariat, Chennai.

2.The District Collector, Thanjavur (District), Thanjavur.

3.The Assistant Director, Rural Development & Panchayat Raj Department, Thanjavur (District), Thanjavur.

4.The Block Development Officer, BDO Office, Orathanadu, Thanjavur (District).

5.The President, Poiyundar Kottai Panchayat, Orathanadu (Taluk), Thanjavur (District).

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to lay proper road on a common pathway comprised in S.No.406 1 AT situated at Patchur North Street, Patchur, Poiyundar Kottai Panchayat, Orathanadu (Taluk), Thanjavur (District), on the basis of the petitioner's representations, dated 23.07.2018 and 16.06.2021. For Petitioner : Mr.T.Indrachithu For Respondents : Mr.P.Thilak Kumar Government Pleader

ORDER

(Order of the Court was made by M.DURAISWAMY,J.) The petitioner has filed the above Writ Petition as a Public Interest Litigation to issue a Writ of Mandamus, directing the 1/3

respondents to lay proper road on a common pathway comprised in S.No.406, 1 AT situated at Patchur North Street, Patchur, Poiyundar Kottai Panchayat, Orathanadu (Taluk), Thanjavur (District), on the basis of his representations dated 23.07.2018 and 16.06.2021. 2.The learned counsel appearing for the petitioner submitted that though the petitioner has given his representations on 23.07.2018 and 16.06.2021 for laying the road, the third respondent has not taken any steps to lay the road so far. 3.Mr.P.Thilak Kumar, learned Government Pleader, taking notice for the respondents submitted that the third respondent may be directed to consider the petitioner's representations dated 23.07.2018 and 16.06.2021 and pass orders within a time frame. 4.

Having regard to the submissions made by the learned counsel on either side and also taking into consideration the limited prayer sought for by the learned counsel appearing for the petitioner, without expressing any opinion with regard to the merits of the case, we direct the third respondent to consider the petitioner's representations, dated 23.07.2018 and 16.06.2021 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of copy of this order.

5. With these observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) ps 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 Principal Secretary, Rural Development and Panchayat Raj Department, Secretariat, Chennai.

2.The District Collector, Thanjavur (District), Thanjavur.

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3.The Assistant Director, Rural Development & Panchayat Raj Department, Thanjavur (District), Thanjavur.

4.The Block Development Officer, BDO Office, Orathanadu, Thanjavur (District).

5.The President, Poiyundar Kottai Panchayat, Orathanadu (Taluk), Thanjavur (District).

31.08.2021 RD(7.09.2021) 3P 6C 3/3