Disposed

G.Thangarasu v. The District Collector

Madras HC18 Mar 2016WP/10290/2016

Case brief

AI extract

What is this about?

This was an admission stage writ petition filed under Article 226 seeking a direction to authorities to forbear from forming a road on land claimed by the petitioner. The Court, without examining merits, directed the second respondent to examine the petitioner's representation and issue a notice to relevant parties within two weeks.

What did the court decide?

Direction to the second respondent to examine the petitioner's representation, issue notice to petitioner and respondents 3 and 4, and comply within two weeks.

G.Thangarasu Vs The District Collector — Municipal and Town Planning | Madras HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED:18.3.2016

¶3

CORAM

¶4

THE HON'BLE MR.JUSTICE T. S. SIVAGNANAM

¶5

W.P.No.10290 of 2016 and

¶6

WMP No.9115 of 2016

¶7

G.Thangarasu .. Petitioner
Vs
1 The District Collector
Office of the District Collectorate
Namakkal District
2 The Thasildar
Rasipuram Taluk Namakkal District
3 The Block Development Officer
Namagiripettai Block Namagiripettai
Division Namakkal District
4 The President
Thimmanaickenpatty Panchayat
Thimmanaickenpatty Village and Post
Rasipuram Taluk Namakkal District
5 P.Saravanan .. Respondents
This Writ Petition filed under Article 226 of the
Constitution of India praying this Court to issue a writ of
Mandamus forbearing 3rd and 4th respondents from laying
panchayat Thar Road Called Singaliancombai to Erangkuttai Road
by illegally evicting the petitioner by illegal encroachment of
10 feet width x 400 feet length in northern side of petitioner
property comprised in Survey No. 168 2B 2C of an extent of
4.34 acres situated in Thimmanaickenpatty Rasipuram Taluk and
subsequently directing the 3rd respondent to conduct survey of
petitioner land bearing survey No. 168 2B 2C for a total
extent of 4 acres - 34 cents and thereafter subsequently
directing the 3rd 4th and 5th respondents to proceed with
laying of thar Road.

¶8

For Petitioner : Mr.C.B.Santhosh Kumar For R1 & R2 : Mr.R.Rajeswaran Spl.Government Pleader

¶9

https://hcservices.ecourts.gov.in/hcservices/

¶10

For R3 : Mr. P.Sanjay Gandhi Additional Government Pleader For R4 : Mr. EraPremnath

¶11

O R D E R

¶12

Heard Mr. C.B.Santhosh Kumar, learned counsel for the petitioner and Mr. R.Rajeswaran, learned Special Government Pleader accepting notice for first and second respondents, Mr.P.Sanjay Gandhi accepting notice for third respondent and Mr.EraPremnath learned counsel appearing for fourth respondent and with the consent of the learned counsel appearing for the parties, the writ petition is taken up for final disposal, at the admission stage itself.

¶13

The petitioner seeks a direction to forbear respondents 3 and 4 from forming a road in a property which the petitioner claims to be his patta land. With this averments, the petitioner has given representation to the second respondent and the same is pending with the second respondent since first week of March 2016.

¶14

In the light of the above facts, without going into the merits of the petitioner's claim, there will be a direction to the second respondent to examine the petitioner's representation and consider the tenability of the same after issuing notice to the petitioner as well as the respondents 3 and 4. The petitioner is directed to forward a copy of the representation along with the copy of the order and present the same in person before the second respondent, who shall comply with the above direction within a period of two weeks from the date on which the representation has been given.

¶15

Writ petition is disposed of accordingly. Consequently, connected miscellaneous petition is closed. No costs.

-s/d-

Assistant Registrar

True Copy

Sub-Assistant Registrar

¶20

kua To

¶21

1 The District Collector Office of the District Collectorate Namakkal District

¶22

https://hcservices.ecourts.gov.in/hcservices/

¶23

2 The Thasildar Rasipuram Taluk Namakkal District

¶24

3 The Block Development Officer Namagiripettai Block Namagiripettai Division Namakkal District

¶25

4 The President Thimmanaickenpatty Panchayat Thimmanaickenpatty Village and Post Rasipuram Taluk Namakkal District

¶26

+1 cc to Government pleader sr.17737
+ 1 cc to Mr.C.B.Santhosh Kumar, Advocate Sr 4109 (29/3/16)
W.P.No.10290 of 2015
aa21/03/2016

¶27

https://hcservices.ecourts.gov.in/hcservices/

G.Thangarasu v. The District Collector

Case brief

What is this about?

What did the court decide?

G.Thangarasu v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

G.Jayalakshmi Vs The Executive Engineer

K.Nalliappan, Vs The Commissioner

R.Priya Vs The Government of Tamil Nadu

R.Sasisuresh, Vs The District Collector

P.Preetha, Vs The State Commissioner for

M.Mani Vs The State of Tamil Nadu