Vigneshwar Vs the District Collector

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, directing the 1^st and 3^rd respondents to take appropriate action on the petitioner's representation dated 25.11.2024 and pass such further order.

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For Petitioner : Mr.A.Vijayasankar For R1 to R3 : Mr.M.Rajendiran, Additional Government Pleader For R4 & R5 : Mr.R.Siddharth, Government Advocate

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O R D E R

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Mr.M.Rajendiran, learned Additional Government Pleader takes

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notice on behalf of respondents 1 to 3 and Mr.R.Siddharth, learned Government Advocate takes notice on behalf of respondents 4 and 5. With the consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

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This writ petition has been filed to direct the 1^st and 3^rd

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respondents to take appropriate action on the petitioner's representation dated 25.11.2024.

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The case of the petitioner is that the petitioner has the property

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comprising the Ogalur Village Grama Natham having SF Number 307/17 in 2/6

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https://www.mhc.tn.gov.in/judis

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W.P.No.4166 of 2025

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1.9 acres and his family members are residing adjacent to his house and also

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the petitioner has one acre of agricultural land. The petitioner and his family members using the pathway having 10 meters of length and 4 meters of width to reach the main road in the same Ogalur Village Grama Natham SF number 307/20 for the past 80 years. The petitioner and his family members will suffer if the water tank is built in that pathway that was used by the petitioner and petitioner's family members for more than 80 years. The 5^th respondent in connivance with 4^th respondent tried to sabotage the only pathway to the petitioner's family members in SF number 307/20 in the Ogalur village Grama Natham and tried to construct a water over tank on the petitioner's only pathway itself. The Village President claimed that he has every right to do anything in the village and no one can stop him from sabotaging the pathway by using a JCB to construct a water over tank.

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Learned counsel appearing for the petitioner would submit that the petitioner lodged a complaint to the 2^nd respondent on 22.11.2024 and to the 1^st and 3^rd respondents herein on 25.11.2024. Even after receipt of the petitioner's representation, there has been no response, and no orders have been passed by respondents 1 to 3 till date. Hence, the writ petition is filed.

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https://www.mhc.tn.gov.in/judis

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3/6

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W.P.No.4166 of 2025

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Learned Additional Government Pleader appearing for respondents

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1 to 3 would submit that the representation of the petitioner dated 25.11.2024

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would be considered on merits, in accordance with law within a time frame stipulated by this Court.

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Heard both sides and perused the materials available on record.

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7. Without going into the merits of the case, the 1^st and 3^rd respondents are directed to consider the representation of the petitioner dated 25.11.2024 after giving due notice to the petitioner, affording an opportunity of personal hearing to the petitioner as well as rival claimants/interested parties if any, to take into consideration all the relevant documents submitted by the parties in regard to the subject matter property and pass appropriate orders on merits, in accordance with law thereby following the above principles of natural justice within a period of eight (8) weeks from the date of receipt of a copy of this order.

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https://www.mhc.tn.gov.in/judis

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4/6

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W.P.No.4166 of 2025

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In the result, the writ petition stands disposed of with the above

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observations and direction . No costs.

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07.02.2025