D.Ganesan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.07.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN D.Ganesan ... Petitioner Vs.
1.The District Collector, Collector Office, Dindigul, Dindigul District.
2.The President, Balakrishnapuram Panchayat, Panchayat Office, Balakrishnapuram, Dindigul East Taluk, Dindigul District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 2nd respondent to repair/re-laid the road in front of the petitioner's house and thereby allow the petitioner to use the road by taking his vehicles out from his house and on other means on the basis of representation sent by the petitioner dated 06.06.2024 within a stipulated period.
For Petitioner : Mr.B.Rajesh Saravanan 1/4
For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader for R1 & R2
ORDER
Heard both sides.
2. The grievances of the petitioner is that the public road in front of his house has been damaged by some private parties. My attention is drawn to Section 131(1)(b) of Tamil Nadu Panchayats Act, 1994 which states that no person except as permitted by Rules can make any hole or deposit any matter in or over any public road. As per Section 125 of the Act, a public road in the village vests in the local body. It is the duty of the local body to maintain the road in a proper condition. The petitioner's case is that as a result of the damage done to the road, he is not able to access his property. The second respondent is directed to repair the road in front of the petitioner's house immediately and without any delay.
3. The Writ Petition is allowed. No costs.
31.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi 2/4
To 1.The District Collector, Collector Office, Dindigul, Dindigul District.
2.The President, Balakrishnapuram Panchayat, Panchayat Office, Balakrishnapuram, Dindigul East Taluk, Dindigul District.
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G.R.SWAMINATHAN, J.
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