D.Meyyanathan, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE Mrs.JUSTICE J.NISHA BANU W.P.[MD].No.18226 of 2016 and W.M.P.(MD).No.13158 of 2016 D.Meyyanathan .. Petitioner Vs.

1.The District Collector, Pudukkottai, Pudukkottai District.

2.The Assistant Director of Panchayats, District Collector's Office Campus, 3.The Block Development Officer, Panchayat Union, Aranthangi, 4.The President, Avanathankottai Village Panchayat, Aranthangi Taluk, 5.Vaithiyalingam 6.Prakash 7.Durairaj ...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to direct the 4th respondent not to form any road in Vaithiyanathanvayal Eri situate in S.No.247 of Vaithiyanathanvayal Village of Avanthankottai, Aranthangi Taluk, For Petitioner : Mr.K.Baalasundharam For respondents 1 & 2 : Mr.M.Rajarajan, Government Advocate

For respondents 3 & 4 : Mr.R.Anandha Raj, Government Advocate

ORDER

[Order of the Court was made by S.NAGAMUTHU, J.] The petitioner has come up with this Writ Petition seeking for a direction to the respondents 1 to 3 to direct the 4th respondent not to form any road in Vaithiyanathanvayal Eri, situated in S.No.247 of Vaithiyanathanvayal Village, Avanthankottai, Aranthangi Taluk, Pudukkottai District.

2.We have heard the learned counsel for the petitioner and the learned Government Advocates appearing for the respondents. 3.The learned Government Advocate, on instructions from the District Collector, would submit that there is a proposal to construct a small culvert to facilitate the inhabitants in that area to use the same and that proposal has been now pending with the District Collector. He would further submit that the District Collector will decide the issue, after considering various aspects involved in this matter. The said statement is recorded. 4.In view of the above, this Writ Petition is disposed of with a direction to the District Collector, Pudukkottai District, to consider various aspects including the objections raised by the petitioner and then to take a final decision in this matter. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(Crl.side) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Pudukkottai, Pudukkottai District.

2.The Assistant Director of Panchayats, District Collector's Office Campus, 3.The Block Development Officer, Panchayat Union, Aranthangi,

4.The President, Avanathankottai Village Panchayat, Aranthangi Taluk, +1 cc to MR.K.BALASUNDARAM, Advocate SR.No.64641 +1 cc to Special Government Pleader Sr.No.64965 +1 cc to MR.N.BALAKRISHNAN, Advocate SR.No.65043 Order made in W.P.[MD].No.18226 of 2016 01.11.2016 SMA/SKS-RR/18.11.2016:3P/8C