IN THE HIGH COURT OF MADRAS, (MADURAI BENCH)
R. SURESH KUMAR, G. ARUL MURUGAN, JJ.
A. Lazer @ Gnanamuthu - Petitioner
Versus
The District Collector, Pudukottai District and Ors. – Respondents
W.P.(MD)No.15465 of 2024
Decided On : 11-07-2024
MANDAMUS - ROAD ALIGNMENT - The court directed the respondents to consider the petitioner's representation regarding the alignment of a road, emphasizing the need for a decision based on merits and in accordance with the law within a specified timeframe.
Fact of the Case:
The petitioner sought a Writ of Mandamus to direct the respondents to widen a road by covering poramboke land, based on a representation made on 02.07.2024.
Finding of the Court:
The court acknowledged the representation made by the petitioner and noted the respondents' commitment to consider it on merits and in accordance with the law.
Issues: Whether the respondents should be directed to consider the petitioner's representation regarding road alignment and widening.
Ratio Decidendi: The court held that the respondents are obligated to consider representations made by citizens and to act upon them within a reasonable timeframe.
Result: The Writ Petition was disposed of with a direction to the respondents to consider the representation within four weeks.
ORDER :
(R. Suresh Kumar, J.) :
(Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to lay the road by widening excess of 3 meters by covering the prompoke land in S.F.No.273/1 along with the proposed laying of 3 meters in patta land situated at North Street Revenue Village, Kanniyarkollai, Karambakudi Taluk, Pudukottai District based on the petitioner's representation dated 02.07.2024.)
The prayer sought for herein is for a Writ of Mandamus, directing the respondents to lay the road by widening excess of 3 meters by covering the porompoke land in S.F.No.273/1 along with the proposed laying of 3 meters in patta land situated at North Street Revenue Village, Kanniyarkollai, Karambakudi Taluk, Pudukottai District, based on the petitioner's representation dated 02.07.2024.
2. With regard to the alignment of the road laying by the respondents near S.No.273/1, at Kanniyarkollai Village, Karambakudi Taluk, Pudukottai District, seeking to re-align the proposed road instead of a patta land into a Government poramboke land which is adjacently located, the petitioner had given representation on 02.07.2024 to the respondents. In order to consider the same and to take action in accordance with the said representation, the petitioner has moved the present writ petition with the aforesaid prayer.
3. Heard the learned Counsel on either side.
4. Learned Government Pleader appearing for the respondents would submit that with regard to the alignment of the road is concerned, technically what is feasible alone will be considered. However, the representation has been given only on 02.07.2024 by the petitioner and that would also be considered and disposed of on merits and in accordance with law within a time frame.
5. Having regard to the said submission made by the learned Government Pleader, this Court is inclined to give a direction to the respondents to consider the representation of the petitioner dated 02.07.2024 and pass orders thereon on merits and in accordance with law within a period of four [4] weeks from the date of receipt of a copy of this order.
6. Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs.
The legal principle established is that authorities must consider and respond to representations made by citizens in a timely manner.
Court mandates timely consideration of public input in municipal planning.
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