Adhikkakone @ Ponnusamy v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2017
CORAM:
THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.25094 of 2016 Adhikkakone @ Ponnysamy .. Petitioner Vs.
1.The District Collector, Trichy District, Trichy.
2.The Revenue Divisional Officer, Srirangam Revenue Division, Srirangam, Trichy District.
3.The Tahsildar, Marungapuri Taluk, Marungapuri, Trichy District.
4.Sankakone @ Thangaraj .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1 to 3 respondents to consider the petitioner's representation dated 29.10.2015 and to directing the third respondent to survey the Cart Road and to declare the Cart Road as Panchayat Road and consequently directing the respondents take appropriate action against the fourth respondent. For Petitioner : Mr.R.Manickam For Respondents 1 to 3 : Mr.R.Velmurugan, Government Advocate.
ORDER
[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents 1 to 3 to consider the representation dated 29.10.2015 alleged to have been given by the petitioner, by way of issuing a writ of mandamus.
2.It is averred in the petition that the petitioner is a resident of Athanaparai Therkukalam Village, Marungapuri Taluk, Trichy District. Further it is averred in the petition that there is a panchayat cart track to reach the said village. The fourth respondent has caused certain obstruction. Under the said circumstances, a representation has been given. But the respondents 1 to 3 have not at all considered the same and therefore the present writ petition has been filed for getting the relief sought therein.
3.Mr.R.Velmurugan, learned Government Advocate, has taken notice for the respondents 1 to 3. Considering the nature of the relief sought in the petition, notice need not be sent to the fourth respondent.
4.The learned counsel appearing for the petitioner has contended that since the fourth respondent has caused certain obstruction in panchayat road, a representation has been given to the respondents 1 to 3 by the petitioner, but the same has not been considered and therefore the present writ petition has been filed for getting the relief sought therein.
5.Considering the nature of the relief and also considering the fact that already a representation has been given to the respondents 1 to 3, the following order can be passed. 6.In fine, this writ petition is allowed without costs and the respondents 1 to 3 are strictly directed to consider the representation dated 29.10.2015 alleged to have been given by the petitioner and after giving proper opportunity to the fourth respondent pass necessary order within a period of two months. Sd/- Assistant Registrar(Crl Side) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Trichy District, Trichy.
2.The Revenue Divisional Officer, Srirangam Revenue Division, Srirangam, Trichy District.
3.The Tahsildar, Marungapuri Taluk, Marungapuri, Trichy District.
+1 cc to M/s.R.Manickam, Advocate in SR.No.599 +1 cc to M/s. Special Government Pleader in SR.No.49 smn TTN/SS2-KSM/11.01.2017 : 3P-6C ORDER MADE IN W.P(MD)No.25094 of 2016 02.01.2017