Jothinayagam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN AND THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD)No.22162 of 2022 Jothinayagam ... Petitioner -Vs1.The District Collector, Virudhunagar District.

2.The Tahsildar, Aruppukottai, Virudhunagar District.

3.The Block Development Officer, Aruppukottai, Virudhunagar District.

4.Marimuthu 5.Mahendran ... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 and 3 to lay the link road connecting the Sulakarai to Arasakudumbanpatti within a stipulated time as fixed by this Court by considering the petitioner's representation dated 15.02.2021 to the 1st respondent.

For Petitioner : Mr.S.Ramasamy For R1 & R2 : Mr.P.Thilak Kumar, Government Pleader

ORDER

[Order of the Court was made by R.MAHADEVAN, J.] The prayer sought for in the Writ Petition is to direct the respondents 2 and 3 to lay the link road connecting Sulakarai and Arasakudumbanpatti within a time frame, by considering the petitioner's representation dated 15.02.2021 submitted to the 1st respondent.

2.By consent of both parties, this Writ Petition itself is taken up for final disposal at the admission stage.

3.Mr.P.Thilak Kumar, learned Government Pleader takes notice for the respondents 1 and 2. Considering the nature of the order proposed to be passed, notice to the respondents 3 to 5 is dispensed with. 4.According to the petitioner, the respondents 1 to 3 are laying the tar road upto Sulakarai Panchayat. The grievance of the petitioner is that the respondents 4 and 5 have raised objection to lay the road, connecting Sulakarai to Arasakudumbanpatti, which is approximately 1⁄2 kilometres. Hence, the petitioner made a representation dated 15.02.2021 to the 1st respondent. Though the said representation was forwarded to the respondents 2 and 3, till date, no action has been taken. Hence, this Writ Petition. 5.Heard the learned Government Pleader appearing for the respondents 1 and 2, who would submit that the representation of the petitioner dated 15.02.2021 will be considered and an appropriate order will be passed by the 1st respondent within a time frame to be fixed by this Court.

6.In view of the abovesaid submission, this Court, without going into the merits of the claim made by the petitioner, directs the 2nd respondent to consider the representation of the petitioner, dated 15.02.2021 and pass appropriate orders on merits and in accordance with law, after giving opportunity of hearing to all the parties concerned, within a period of eight (8) weeks from the date of receipt of a copy of this order. 7.With the above direction, this Writ Petition is disposed of. No costs. [R.M.D., J.] & [J.S.N.P., J.] 20.09.2022 Index : Yes / No Internet : Yes / No Myr To 1.The District Collector, Virudhunagar District.

2.The Tahsildar, Aruppukottai, Virudhunagar District.

R.MAHADEVAN , J.

AND J.SATHYA NARAYANA PRASAD, J.

Myr W.P.(MD)No.22162 of 2022 20.09.2022