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Madras High CourtWP(MD)/30594/2023allowed

Vijayaraghavan .A v. The District Collector

2023-12-21Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN A.Vijayaraghavan ... Petitioner Vs.

1.The District Collector, Thanjavur Collectorate Office, 2.The Revenue Divisional Officer, RDO Office, Papanasam, 3.The Tahsildar, Tahsildar Office, Papanasam Taluk, 4.The Superintendent Engineer, Water Resources Department, Keel Kavery Vadinila Vattam, ... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 16.05.2023 Nanja land bearing Separate Patta No.116, Survey No. 193/6 Nanjai 0024.513.05 and to give permission to build a small bridge in the petitioner own cost (Like the petitioner neighbors). For Petitioner : Ms.N.Juliet Latha For Respondents : Mr.M.Prakash Additional Government Pleader

ORDER

Heard both sides.

2.The writ petitioner is a small farmer. He is aged about 70 years. He is said to be physically challenged (70% disability). The petitioner had constructed a house in Survey No.193/6. Between the petitioner's house and the main road, a channel runs across. The petitioner wants permission to put up a small bridge so as to enable him to cross the channel. It is submitted by the learned counsel for the petitioner that similarly placed individuals have been granted such permission. 2/4

3.I am of the view that considering the petitioner's age and physical condition, he also deserves to be considered favourably. I therefore permit the petitioner to submit a fresh application before the competent authority. As and when the same is received, the competent authority is directed to grant permission as sought for by the petitioner. Of course, the competent authority can stipulate appropriate conditions as regards the dimensions of the bridge. The petitioner is bound to adhere to the conditions while putting up the bridge. Permission shall be granted within a period of six weeks from the date of receipt of application from the petitioner.

4.This writ petition is allowed on these terms. There shall be no order as to costs.

21.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The District Collector, Thanjavur Collectorate Office, 3/4

G.R.SWAMINATHAN, J.

MGA 2.The Revenue Divisional Officer, RDO Office, Papanasam, 3.The Tahsildar, Tahsildar Office, Papanasam Taluk, 4.The Superintendent Engineer, Water Resources Department, Keel Kavery Vadinila Vattam, 21.12.2023 4/4