Karthika.C v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2022

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P(MD)No.25968 of 2022 C.Karthika ... Petitioner Vs.

1.The Secretary to Government, Local Administration, Fort St. George, Chennai.

2.The Collector, Dindigul District, 3.The District Revenue Officer, Dindigul District, 4.The Chief Engineer, State Highways Department, Dindigul Town and District.

5.The Block Development Officer, Thoppampatti Panchayat Union, Thoppampatti, Palani, 6.The Panchayat President, Muthunayakampatti Panchayat, Muthunayakampatti, Palani Taluk, Dindigul District.

... Respondents 1/6

Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, to direct the respondents to consider the representation dated 28.10.2022 by taking action on the encroachment and the blocking of the accessibility to approach road from the State Highways in S.Nos.389 to 386 of Muthunayakampatti village of Palani Taluk.

For Petitioner : Mr.M.O.Thevan Kumar For Respondents 1 to 4 : Mr.P.Thilak Kumar Government Pleader For Respondents 5 & 6 : Mr.V.Nirmal Kumar Government Advocate * * *

O R D E R

(Order of the Court was made by R.MAHADEVAN, J.) The petitioner has come forward with this writ petition praying to issue a writ of mandamus, directing the respondents to consider her representation dated 28.10.2022, and to take action to remove the encroachment, blocking of the accessibility to the approach road from the State Highways in S.Nos.389 to 386 of Muthunayakampatti village, Palani Taluk.

2.

Heard Mr.M.O.Thevan Kumar, learned counsel for the petitioner, Mr.P.Thilak Kumar, learned Government Pleader, who accepts notice on behalf of the respondents 1 to 4 and Mr.V.Nirmal 2/6

Kumar, learned Government Advocate, who accepts notice on behalf of the respondents 5 and 6. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3.

Alleging that the 6th respondent is erecting a bore well obstructing the approach road from the State Highways in S.Nos.389 to 386 of Muthunayakampatti village, Palani Taluk, the petitioner submitted a representation to the respondents on 28.10.2022, and the same, according to the learned counsel for the petitioner, remains as such. Hence, the Writ Petition. 4.

Learned counsel for the petitioner would further submit that though the petitioner has sought for a larger relief, she would be satisfied, if a direction is issued to the second respondent to dispose of her representation dated 28.10.2022, within a time frame.

5.

Considering the limited scope of the prayer now sought for by the petitioner, without expressing any opinion on the merits of the claim made by the petitioner, either in the representation or in the affidavit filed in support of the Writ 3/6

Petition, this Writ Petition is disposed of with a direction to the second respondent to consider the representation of the petitioner dated 28.10.2022, and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to all the parties concerned. Such an exercise shall be completed within a period of Twelve weeks from the date of receipt of a copy of this order. No costs.

[R.M.D., J.] [J.S.N.P., J.] 17.11.2022 Internet : Yes / No Index : Yes / No sj To 1.The Secretary to Government, Local Administration, Fort St. George, Chennai.

2.The Collector, Dindigul District, 3.The District Revenue Officer, Dindigul District, 4.The Chief Engineer, State Highways Department, Dindigul Town and District.

4/6

5.The Block Development Officer, Thoppampatti Panchayat Union, Thoppampatti, Palani, 6.The Panchayat President, Muthunayakampatti Panchayat, Muthunayakampatti, Palani Taluk, Dindigul District.

5/6

R.MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD , J.

sj W.P(MD)No.25968 of 2022 17.11.2022 6/6