Madras High CourtWP(MD)/21574/2019disposed of

S.P.Pokkisam v. The District Collector

2019-10-10Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.10.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and W.M.P.(MD).No.18249 of 2019 S.P.Pokkisam ... Petitioner .Vs.

1.The District Collector, Office of the Collectorate building, 2.The Revenue Divisional Officer, Office of the Collectorate building, 3.The Tahsildar, Kalaiyar Kovil Tahsildar Office, 4.The Block Development Officer, Amman Patti Village Panchayat, Thirupachethi, 5.The Project Officer (Director), District and Rural Development Agency, ... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent No.5 to implement the order passed by the first respondent in his letter No.Mu.Ou/1001/2018-94 dated 15.02.2019 and to stop the construction of panchayat office which is disrupting the pathway of petitioner's house entrance situated at South Street, Amman Patti, Kaalaiyar Kovil, Sivagangai District. For Petitioner : Mr.D.S.Haroon Rasheed For Respondents : Mr.A.Thiyagarajan Government Advocate 1/3

ORDER

This writ petition has been filed seeking a direction to the fifth respondent to implement the order passed by the first respondent vide letter No.Mu.Ou/1001/2018-94, dated 15.02.2019 to stop the unauthorised construction and for consequential relief. 2.Mr.A.Thiyagarajan, learned Government Advocate takes notice for the respondents.

3.By consent, the Writ Petition itself is taken up for final disposal.

4.Though the case of the petitioner is presented on various aspects, ultimately, the learned counsel for the petitioner seeks indulgence of this Court for a direction to the authorities, more particularly, the fifth respondent to implement the order of the first respondent dated 15.02.2019 and the relief sought for in this writ petition is restricted to that extent.

5.Considering the submission so made by the learned counsel for the petitioner, which has been agreed to by the learned Government Advocate appearing for the respondents, this Court, without expressing any opinion with regard to the claim made by the petitioner, directs the fifth respondent to implement the order of the first respondent, dated 15.02.2019, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, the writ petition stands disposed of. No costs. Consequently, the connected W.M.P.(MD).No.18249 of 2019 is closed.

Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar vsg/am/rsb To 1.The District Collector, Office of the Collectorate building, 2.The Revenue Divisional Officer, Office of the Collectorate building, 2/3

3.The Tahsildar, Kalaiyar Kovil Tahsildar Office, 4.The Block Development Officer, Amman Patti Village Panchayat, Thirupachethi, 5.The Project Officer (Director), District and Rural Development Agency, +1 CC to M/s.SPL GP ( SR-91709[F] dated 11/10/2019 ) +1 CC to M/s.D.S.HAROON RASHEED, Advocate ( SR-91785[F] dated 14/10/2019 ) 10.10.2019 JM/23.10.2019/3P/8C 3/3