I.Subramanian v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2020
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE I.Subramanian .. Petitioner Vs.
1.The District Collector, Kanniyakumari District.
2.The Block Development Officer, Rajakkamangalam Post, Kanniyakumari District.
3.The Executive Officer, Puthalam Town Panchayat, Puthalam Post, Kanniyakumari District.
.. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, to direct the respondents to form an approach road from Keezha Puthalam Panchayat Road to Manakudi Main Road at Puthalam Town Panchayat, Kanniyakumari District, to reach the petitioner's land in S.No.564 vide his representation dated 07.10.2020.
For Petitioner : Mr.D.Saravanan For Respondents : Mr.C.Ramar Additional Government Pleader
ORDER
(This Matter was heard through the Video Conference) This writ petition has been filed for a Mandamus seeking for a direction to the respondents to form an approach road from Keezha Puthalam Panchayat Road to Manakudi Main Road at Puthalam Town Panchayat, Kanniyakumari District, to enable the petitioner to reach his land in S.No.564 based on the petitioner's representation dated 07.10.2020.
2.Heard Mr.D.Saravanan, learned counsel for the petitioner and Mr.Ramar, learned Additional Government Pleader, who accepts notice on behalf of the respondents.
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3.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 4.It is the case of the petitioner that he is the owner of the agricultural lands at Keezha Puthalam panchayat and there is no proper access to his lands and the existing access is only through 3 feet road. Therefore, he has given a representation on 07.10.2020 to the respondents to form a proper approach road from Keezha Puthalam Panchayat Road to Manakudi Main Road at Puthalam Town Panchayat, Kanniyakumari District, to enable him to reach his agricultural lands. According to him, till date the said representation has not been considered by the respondents. In such circumstances, this writ petition has been filed. 5.The relief sought for in this writ petition is an innocuous relief.
No prejudice will be caused to the respondent, if the relief sought for in this writ petition is granted. The petitioner claims that there is no proper access for reaching his agricultural lands at Keezha Puthalam panchayat. He has given a representation on 07.10.2020 to the respondents requesting them to form a proper approach road for his property. Admittedly, the said representation has not been considered till date.
6.For the foregoing reasons, this Court directs the respondents 2 and 3 to consider the petitioner's representation dated 07.10.2020, requesting the respondents to form an approach road from Keezha Puthalam Panchayat Road to Manakudi Main Road at Puthalam Town Panchayat, Kanniyakumari District to reach the petitioner's agricultural land situated in S.No.564 and pass final orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. 7.With the aforesaid direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) TM 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.
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To 1.The District Collector, Kanniyakumari District.
2.The Block Development Officer, Rajakkamangalam Post, Kanniyakumari District.
3.The Executive Officer, Puthalam Town Panchayat, Puthalam Post, Kanniyakumari District.
+1 CC to M/s.A.SARAVANAN, Advocate ( SR-24827[F] dated 10/12/2020 ) +1 CC to M/s.GP ( SR-25417[F] dated 14/12/2020 ) 10.12.2020 TP(CO) TR(22.12.2020) 3P 6C 3/3