S.Perumal v. The Addl.Secretary To Govt./

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :16.07.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.18617 of 2019 S.Perumal

...Petitioner

Vs 1.The Additional Secretary to Government, Commissioner of Land Administration, Chepauk, Chennai - 5.

2.Assistant Director of Panchayats, Tirunelveli.

3.The District Collector, Tirunelveli District, Tirunelveli.

4.Sub Collector, Cheranmahadevi, Tirunelveli District.

5.Block Development Officer, Nanguneri Panchayat Union, Nanguneri.

6.Special Officer, Rajakkamangalam Panchayat, Nanguneri Taluk.

7.The Tahsildar, Taluk Office, Nanguneri, Tirunelveli District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to remove the pathway (Sand Road) from the petitioner's property and layout in S.Nos.393/2, 393/3, 387/1, 387/2 and 387/7 situated at Rajakkamangalam Village, Nanguneri Taluk, Tirunelveli District and to lay the Sand Road in the existing Vandi Pathai, based on the petitioner's representation dated 29.10.2017. For Petitioner : Mr.T.Selvam For R1 to R4 & R7 : Mr.P.Kannidevan Additional Government Pleader For R5 & R6 : Mr.M.Rajarajan Standing Counsel 1/3

ORDER

This Writ Petition is filed to direct the respondents to remove the pathway ie., sand road from the petitioner's property layout in S.Nos.393/2, 393/3, 387/1, 387/2 and 387/7 situated at Rajakkamangalam Village, Nanguneri Taluk, Tirunelveli District and to lay the aforesaid sand road in the existing Vandi Pathai, based on the petitioner's representation dated 29.10.2017. 2.When the matter is taken up for hearing today, the learned counsel appearing for the petitioner would submit that it is suffice, if a direction is issued to the 5th respondent to consider the petitioners' representation dated 29.10.2017. 3.In reply, the learned Standing Counsel appearing for the respondents 5 and 6 would submit that the petitioner's representation dated 29.10.

2017 would be considered on merits and in accordance with law, within a time frame to be fixed by this Court. 4.In agreement with the submission made by the learned Standing Counsel, without expressing any opinion on the merits of the case, this Court directs the 5th respondent to consider the representation of the petitioner dated 29.10.2017 and pass appropriate orders in accordance with law, within a period of four months from the date of receipt of a copy of this order.

5.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) mm 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.

To 1.The Additional Secretary to Government, Commissioner of Land Administration, Chepauk, Chennai - 5.

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2.Assistant Director of Panchayats, Tirunelveli.

3.The District Collector, Tirunelveli District, Tirunelveli.

4.Sub Collector, Cheranmahadevi, Tirunelveli District.

5.The Tahsildar, Taluk Office, Nanguneri, Tirunelveli District.

6.The Block Development Officer, Nanguneri Panchayat Union, Nanguneri.

W.P.(MD) No.18617 of 2019 16.07.2020 KB(23.07.2020) 3P 7C 3/3