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A. Udhumanshah Vs. The District Collector, Pudukottai District, Pudukottai and Others - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberW.P.(MD)No. 10548 of 2010 & M.P(MD)No. 1 of 2010
Judge
AppellantA. Udhumanshah
RespondentThe District Collector, Pudukottai District, Pudukottai and Others
Excerpt:
.....district and maintain the same without causing any damage whatsoever. 2. heard mr.ramanathan, learned counsel for the petitioner as well as mr.k.guru, learned additional government pleader appearing for the respondents 1 to 3 and ms.n.krishnaveni, learned counsel for the fourth respondent. 3. after some elaborate arguments, the learned counsel appearing for the petitioner would submit that it would be suffice if the representation of the petitioner is disposed of, by the respondents, on merits and in accordance with law, within the time stipulated by this court. 4. the learned additional government pleader appearing for the respondents 1 to 3 would submit that the representation of the petitioner will be considered in accordance with law. 5. in view of the above, without going into.....
Judgment:

(Prayer:Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents herein to forthwith restore and strengthen the Public Pathway measuring a width of 25 feet and a length of 150 meters in the land comprised in Survey No.300 connecting the National Highway NH-45 between Trichy and Pudukottai at Dawood Mill near SIPCOT Industrial Estate to the Petitioner's lands comprised in Survey Nos.301/1A, 301/1B, 301/1C, 301/1D and 301/2A in Vellanur Village, Kolathur Taluk, Pudukottai district and maintain the same without causing any damage whatsoever.)

1. This writ petition has been filed by the petitioner for the issuance of a Writ of Mandamus,directing the Respondents to forthwith restore and strengthen the Public Pathway measuring a width of 25 feet and a length of 150 meters in the land comprised in Survey No.300 connecting the National Highway NH-45 between Trichy and Pudukottai at Dawood Mill near SIPCOT Industrial Estate to the Petitioner's lands comprised in Survey Nos.301/1A, 301/1B, 301/1C, 301/1D and 301/2A in Vellanur Village, Kolathur Taluk, Pudukottai district and maintain the same without causing any damage whatsoever.

2. Heard Mr.Ramanathan, learned counsel for the petitioner as well as Mr.K.Guru, learned Additional Government Pleader appearing for the respondents 1 to 3 and Ms.N.Krishnaveni, learned counsel for the fourth respondent.

3. After some elaborate arguments, the learned counsel appearing for the petitioner would submit that it would be suffice if the representation of the petitioner is disposed of, by the respondents, on merits and in accordance with law, within the time stipulated by this Court.

4. The learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that the representation of the petitioner will be considered in accordance with law.

5. In view of the above, without going into the merits of the claim made by the petitioner in this Writ Petition, the second respondent/Tahsildar is directed to pass appropriate orders on the representation of the petitioner, dated 07.08.2010, on merits and in accordance with law, after giving opportunity to the petitioner as well as the fourth respondent, by taking into account the resolution passed by the fourth respondent, dated 27.11.2009, within a period of three months from the date of receipt of a copy of this order.

With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.


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