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2023 Supreme(Online)(Mad) 70521

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hon`ble Mr Justice M.DHANDAPANI
S.Ramsh Prabakaran – Appellant
Versus
The District Collector – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.06.2023 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.No.18186 of 2023 S.Ramesh Prabakaran ... Petitioner Vs.

1. The District Collector, Office of the Collectorate, Cuddalore, Cuddalore-District.

2. The Deputy General Manager, Project Director, National Highway Authority of India (NHAI-45A), Office at No.28&29, 1st Cross Street, Ganapathy Nagar, Arumbathapuram, Puducherry – 605 110. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to take appropriate remedy on the welfare measure and rehabilitation to the farmer to provide service road to be accesses cultivation land and to consider and pass an order on the petitioner's representation dated 10.04.2023.

For Petitioner : Mr.A.S.Mujibur Rahman For Respondents : Mr.E.Veda Bagath Singh,SGP

ORDER

This Writ Petition has been filed seeking for a Writ of Mandamus, to direct the 1st respondent to consider the petitioner's representation dated

10.04.2023.

2. Mr.E.Veda Bagath Singh, learned Special Government Pleader accepts notice for respondents. In view of the consent expressed by learned counsel on either side, this writ petition is taken up for final disposal at the admission stage itself.

3. It is the case of the petitioner that the petitioner is the owner of the agricultural land in S.Nos.380/5, 380/6,380/9 and 387/2 admeasuring 1 acre 97.50 cents situated in Poovanikuppam Madura, Aanaiyampettai Village, Cuddalore Taluk and District. Subsequently, the second respondent constructed culvert near the petititioner’s agricultural land which was causing hindrance to the petitioner and other agriculturists to carry out their agricultural work. Seeking to construct service road to ingress and egress the petitioner’s land, he made a representation dated 10.04.2023, before the first respondent. Since the same was not considered, the present writ petition has been filed.

4. Though very many grounds have been raised in the above writ petition, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the first respondent to consider the petitioner’s representation dated 10.04.2023 and pass appropriate orders within the time frame that may be fixed by this Court.

5. On the above contentions heard learned counsel appearing for the respondents and perused the materials placed on record.

6. Considering the facts and circumstances of the case,this Court without going into the merits of the case directs the first respondent to consider the petitioner’s representation dated 10.04.2023 and pass appropriate orders 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.

7. Accordingly, this writ petittion is disposed of. No costs.

21.06.2023 (rap)

Index : Yes / No Speaking order / Nonspeaking order Neutral Citation Case : Yes / No M.DHANDAPANI, J.

rap To

1. The District Collector, Office of the Collectorate, Cuddalore, Cuddalore-District.

2. The Deputy General Manager, Project Director, National Highway Authority of India (NHAI-45A), Office at No.28&29, 1st Cross Street, Ganapathy Nagar, Arumbathapuram, Puducherry – 605 110. W.P.No.18186 of 2023

21.06.2023

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