Meiyappan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Meiyappan : Petitioner Vs.
1. The District Collector, O/o. Collector Office,
2. The Commissioner, O/o. Commissioner Office,
3. The Assistant Commissioner, O/o. Assistant Commissioner Office, Ko.Abisekapuram, Vayaloor Road, 4.The Tahsildhar, West Taluk Office, Condonment, 5.The Taluk Surveyor, West Taluk Office, Condonement, 1/6
6.The Revenue Divisional Officer, West Revenue Divisional Office, Collector Office Back Side, : Respondents P RAYER:
Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, forbearing the Respondents from lay any roads in the petitioners family patta lands situated at Trichy West Taluk, Annakondan Village, Tiruchirappalli District, in old Survey No. 68 and 69, and new Survey Nos.14 and 15 by considering his representation dated 16.12.2024, within the time frame stipulated by this Hon'ble Court.
For Petitioner : Ms.R.Sangeetha For Respondents : Mr.R.Suresh Kumar Additional Government Pleader for R1, R4 to R6 Mr.K.R.Kishore Kumar for M/s.R.B.Law Associates for R2 & R3
O R D E R
This writ petition has been filed for a Mandamus seeking to forbear the respondents from laying road on the petitioner's patta land in Old Survey Nos. 68 and 69 and New Survey Nos.14 and 15 situated at Trichy West Taluk, Annakondan Village, Tiruchirappalli District. 2/6
2. The case of the petitioner is that the petitioner and his siblings are in possession and enjoyment of the aforesaid property. While that being so, the official respondents attempted to lay a tar road and sewer pipes in the patta land of the petitioner. In this regard, the petitioner has made a representation dated 16.12.2024 to the official respondents to forbear them from laying road and sewer pipes in the petitioner's property. Since the said representation has not been considered, the petitioner has filed the present writ petition.
3. On carefully going through the materials available on record, it is seen that the petitioner has paid necessary fee on 18.12.2024 for surveying his land through online mode and has also received a copy of online receipt with the corresponding application No. 2024/0178/15/000121. A copy of the representation of the petitioner dated 16.12.2024 is also enclosed along with this writ petition. Hence, it is for the official respondents to consider the same and pass final orders on its own merits and in accordance with law.
4. Learned counsel for the petitioner would further submit that the petitioner would be satisfied if a direction is issued to the 3/6
respondents to consider the representation of the petitioner dated 16.12.2024 within a time frame, for which, the learned Additional Government Pleader has agreed.
5. Considering the facts of the case and also without going into the merits of the case, this Court directs the respondents to consider the petitioner's representation dated 16.12.2024, seeking to forbear the respondents from laying road and sewer pipes in the lands in Old Survey Nos. 68 and 69 and New Survey Nos.14 and 15 in Trichy West Taluk, Annakondan Village, Tiruchirappalli District and pass appropriate orders on its own merits and in accordance with law after affording a fair hearing to the petitioner within a period of two weeks from the date of receipt of a copy of this order.
6. This writ petition stands disposed of with the above directions. There shall be no order as to costs. 04.02.2025 Index : Yes / No Internet : Yes / No PKN 4/6
To
1. The District Collector, O/o. Collector Office,
2. The Commissioner, O/o. Commissioner Office,
3. The Assistant Commissioner, O/o. Assistant Commissioner Office, Ko.Abisekapuram, Vayaloor Road, 4.The Tahsildhar, West Taluk Office, Condonment, 5.The Taluk Surveyor, West Taluk Office, Condonement, 6.The Revenue Divisional Officer, West Revenue Divisional Office, Collector Office Back Side, 5/6
VIVEK KUMAR SINGH, J.
PKN W.P.(MD) No.3306 of 2025 04.02.2025 6/6