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Bosco vs The District Collector

Madras High Court|28 October, 2009

JUDGMENT / ORDER

This Writ Petition has been filed by the petitioner praying for a Writ of Mandamus, forbearing the respondents from laying a road or putting up a pipeline in the petitioner's property bearing S.No.159/1A1, measuring Hec.0.15.5, S.No.159/1A2, measuring Hec.0.04.5 and S.No.159/2C2, measuring 0.41.0 of Malvarpatti Village, Vedasanthur Taluk, Dindigul District.
2. Heard Mr.R.Subramaniam, the learned counsel appearing for the petitioner and Mr.Pala Ramasamy, learned Special Government Pleader, appearing for the respondents 1 to 3 as well as Mr.Tamilmani, the learned counsel appearing for the fourth respondent.
3. By consent of both the parties, the writ petition is taken up for hearing and disposal.
4. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice, if the first respondent is directed to dispose of the representation, dated 19.08.2008, on merits and in accordance with law, within a specified period.
5. The learned Special Government Pleader appearing on behalf of the respondents, has no objection for such an order being passed by this Court.
6. In view of the submissions made by the learned counsels appearing on either side, the first respondent is directed to dispose of the representation, dated 19.08.2008, after giving a reasonable opportunity of hearing to the petitioner, as well as to the fourth respondent, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is directed to furnish a copy of the representation, dated 19.08.2008, to the first respondent, along with a copy of this order. However, it is made clear that this Court, by this order, has not expressed any opinion on the merits of the matter.
The writ petition is disposed of with the above directions. Consequently, connected Miscellaneous Petition is closed. There shall be no orders as to costs.
DP To
1.The District Collector, Dindigul.
2.The Tahsildar, Vedasanthur Taluk, Dindigul District.
3.Vedasanthur Panchayat Union Rep. by its Commissioner, Vedasanthur, Dindigul District.
4.Malvarpatti Village Panchayat Rep. by its President, Malvarpatti, Vedasanthur Taluk, Dindigul District.
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Title

Bosco vs The District Collector

Court

Madras High Court

JudgmentDate
28 October, 2009