A. Denison v. The District Collector

W.P.(MD)No.18485 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.(MD)No.18485 of 2019 A.Denison : Petitioner Vs.

1.The District Collector, Kanyakumari District, Nagercoil.

2.The Assistant Director, Geology and Mining, Kanyakumari District, Nagercoil.

3.The Tahsildar, Killiyur Taluk, Killiyur, Kanyakumari District.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to grant permission to transport waste building materials in S.No.604/2 in Door Nos.5/166, 5/167 and 5/168, Paloor Village, Killiyur Taluk, Kanyakumari District, to S.No.735/1B, Mathicode Village, Killiyur Taluk, Kanyakumari District, as per representation of the petitioner dated 16.07.2019. For Petitioner : Mr.T.Selvakumaran For Respondents : Mrs.J.Padmavathi Devi, Special Government Pleader

ORDER

The petitioner is a resident of Palur, Nellikkavilai, Killiyur Taluk, Kanyakumari District. He owns three houses in Survey No.604/2, bearing Door Nos.5/166, 5/167 and 5/168 measuring an extent of 71/2 cents. In order to put up new construction, he wants to demolish the old houses and remove the waste building materials. He made a representation for removing the same on 16.07.2019. Since the same was not considered so far, the petitioner is before this Court.

2. Now, the learned counsel appearing for the petitioner would submit that it would suffice, if a direction is given to the respondents to consider the petitioner's representation dated 16.07.2019.

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W.P.(MD)No.18485 of 2019

3. Considering the limited prayer now sought for, a direction is given to the first respondent to consider the representation of the petitioner dated 16.07.2019 and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. The petitioner is directed to send a copy of the representation dated 16.07.2019 along with a copy of this order, to the first respondent forthwith.

4. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To 1.The District Collector, Kanyakumari District, Nagercoil.

2.The Assistant Director, Geology and Mining, Kanyakumari District, Nagercoil.

3.The Tahsildar, Killiyur Taluk, Killiyur, Kanyakumari District.

+1 CC to Mr.T.SELVAKUMARAN, Advocate ( SR-94467[F] dated 25/10/2019 ) +1 CC to SPL GP ( SR-94892[F] dated 30/10/2019 ) Order made in W.P.(MD)No.18485 of 2019 Dated: 24.10.2019 sml MK (07.11.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2