Namashivayam T v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD T.Namashivayam ... Petitioner Vs.

1.The District Collector, Collectorate, Thanjavur.

2.Tahsildar, Taluk Office, 3.The Block Development Office, 4.The President, Ragavambal Panchayat,

5.Tholappan ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to take immediate action for removal of obstruction caused by the 5th respondent in Karaimeetan Street situated in S.No.165B/27 of Kudikadu, Ragavambal Village, Orathanadu Taluk, Thanjavur District, based on the petitioner's representation dated 07.11.2022. For Petitioner :

Mr.M.V.Venkateseshan For Respondents :

Mr.P.Thilak Kumar Government Pleader for R1 to R4

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to take immediate action for removal of obstruction caused by the 5th respondent in Karaimeetan Street situated in S.No. 165B/27 of Kudikadu, Ragavambal Village, Orathanadu Taluk, Thanjavur District, based on the petitioner's representation dated 07.11.2022.

2. Heard Mr.M.V.Venkateseshan, learned counsel for the petitioner and Mr.P.Thilak Kumar, learned Government Pleader, who takes notice for respondents 1 to 4. Considering the nature of order proposed to be passed in this Writ Petition, notice to the fifth respondent is dispensed with.

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

4. It is the claim of the petitioner that the fifth respondent blocked the access to the road in the aforesaid survey number and caused hindrance to the public to reach their agricultural lands. In this regard, though the petitioner made a representation on 07.11.2022 to the respondents seeking to remove the blockage caused by the 5th respondent, till date, no steps have been taken by the respondents to remove the same. Hence, the petitioner has filed this Writ Petition.

5. The learned Government Pleader appearing for the respondents 1 to 4 submitted that the representation of the petitioner dated 07.11.2022 would be considered by the official respondents and appropriate action will be taken to remove the blockage caused by the 5th respondent, by due process of law, within a time frame, for which, the learned counsel for the petitioner is agreeable.

6. Recording the above submission, this Writ Petition is disposed of with a direction to the authorities concerned to consider and dispose of the representation of the petitioner dated 07.11.2022, on merits and in accordance with law. If there is any blockage in the place in question, the authorities concerned shall remove the same, after affording sufficient opportunity to all the parties concerned and by following due process of law. Such an exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs.

[R.M.D., J.] [J.S.N.P., J.]

vsm 01.12.2022 To 1.The District Collector, Collectorate, Thanjavur.

2.Tahsildar, Taluk Office, 3.The Block Development Officer, 4.The President, Ragavambal Panchayat,

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

vsm 01.12.2022