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Madras High CourtWP(MD)/17814/2016disposed of

T.Raju, S/O.Thillanayaga v. The District Collector

2016-09-20Honourable Mr Justice M. Sathyanarayanan,Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P(MD).No.17814 of 2016 T.Raju ... Petitioner Vs 1.The District Collector, Ramanathapuram.

2.The Revenue Divisional Officer, Ramanathapuram.

3.The Tashildar, Ramanathapuram.

4.Thillai Rajan 5.Thillai Kamal ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 3 to consider the representation given by the petitioner dated 15.08.2016 and remove the encroachment and implement the second respondent order in Na.Ka.No.A8/9049/2013 dated Nil.11.2013.

For Petitioner :Mr.H.Velavadhas For R.1 to 3 :Mr.VR.Shanmuganathan Special Government Pleader *********

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.] https://hcservices.ecourts.gov.in/hcservices/ By consent, the Writ Petition itself is taken up for final disposal. Since this Court is not going to pass any adverse

order against the private respondents herein, notice is not issued to them.

2. The petitioner claims that he is the resident of Door No.16/180, Manavar Street, Mandapam Group Village, Ramanathapuram Taluk and District. The said Street is connected to MaduraiRameswaram National Highways Road, which is only road for the people residing at Maravar Street to approach the said highways. According to him, there are 250 families living over there. While so, the private respondents herein have constructed the compound wall in the public road to the extent of five feet and as a consequence, the residents of the petitioner Village find it very difficult to approach the National Highways Road and in this regard, he submitted a representation to the official respondents on 18.08.2015 followed by another representation dated 15.08.2016. Despite the receipt and acknowledgement of the same, no action, whatsoever, has been taken by the official respondents. Hence, the petitioner came forward with the present Writ Petition.

3. Heard the submissions of Mr.VR.Shanmuganathan, learned Special Government Pleader appearing for the official respondents. 4.

Though the petitioner has prayed for a larger relief in this Writ Petition in the light of the facts and circumstances and without going into the merits of the matter, as projected by the petitioner, either in the form of the representation or in this Writ Petition, this Court directs the second respondent to consider and dispose of the representations of the petitioner, dated 18.08.2015 and 15.08.2016, on merits and in accordance with law, and pass appropriate orders, after putting notice to the respondents 4 and 5, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken thereon to the respondents 4 and 5, forthwith. The petitioner is directed to enclose the copy of the representations already sent to the official respondents along with a copy of this order, for proper follow up.

6. This Writ Petition is disposed of, accordingly. No costs.

Sd/- Assistant Registrar(AE) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Ramanathapuram.

2.The Revenue Divisional Officer, Ramanathapuram. 3.The Tashildar, Ramanathapuram.

+One cc to The Special Government Pleader, SR.No.54473 +One cc to Mr.H.Velavadhas, Advocate, SR.No.53567 ssm RL/6C/2P/SS3/SAR3/30/9/2016 W.P(MD).No.17814 of 2016 20.09.2016 https://hcservices.ecourts.gov.in/hcservices/