1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2011 CORAM: THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA and THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Writ Petition(MD)No.7503 of 2011 A.Anbalagan ..Petitioner Vs. 1.The Chief Engineer (General), Highways Department, Tamil Nadu Highways Authority, Sardar Patel Road, Chennai-600 034. 2.The Divisional Engineer (Highways), Madurai Division of Highways Authority, Madurai. 3.The Assistant Divisional Engineer (Highways), O/o.the Assistant Divisional Engineer, Alagarkovil Road, (Near Lotus Tank), Madurai-2. .. Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of certiorarified mandamus to call for the records from the third respondent herein relating to the Proceedings in Ku.No.23/2010/E.Va.Tho.A/Encroachment dated 23.09.2010 and quash the same and further consequently direct the respondents herein to build a house in the place of demolition of the existing house situated at 4/89, Police Line Road, Koodal Malai Street, Thirupparankundram, Madurai-5 comprised in S.No.202/1 Part now new Sub Division R.S.No.202/5 of Thirupparankundram Village which was leased to house Carpenter Pattarai. For Petitioner : Mr.V.Venkatasamy For Respondents : Mr.K.Mahendran, Special Govt.Pleader ORDER (Order of the Court was made by P.P.S.JANARTHANA RAJA, J.) The petitioner has filed this writ petition to call for the records from the third respondent herein relating to the Proceedings in Ku.No.23/2010/E.Va.Tho.A/Encroachment dated 23.09.2010 and quash the same and further consequently direct the respondents herein to https://hcservices.ecourts.gov.in/hcservices/ 2 build a house in the place of demolition of the existing house situated at 4/89, Police Line Road, Koodal Malai Street, Thirupparankundram, Madurai-5 comprised in S.No.202/1 (new Sub Division R.S.No.202/5) of Thirupparankundram Village which was leased to house Carpenter Pattarai. 2.The facts arising out of this writ petition are as under:- The petitioner herein is the purchaser of the land to the extent of 874 sq.ft. of vacant house site, a portion of which comprised in S.No.202/5 of Thirupparankundram Village, from one R.Mathiyalagan under a sale deed dated 21.10.1997 registered as Document No.2605/97. It is stated in the affidavit filed in support of the writ petition that the vacant site is a natham land and the vendor of the petitioner has obtained the patta issued by the Special Tahsildar, Natham Land Tax Scheme, Madurai North on 14.02.1996. Subsequent to that, the Revenue Officials attempted to disturb the possession of the petitioner as well as his vendor's possession of land in S.No.202/5 of Thirupparankundram Village. A civil suit in O.S.No.463 of 1997 was also filed before the District Munsif Court, Thirumangalam. Subsequently, the respondents have decided to construct an over bridge at the Railway Line crossing in Thirupparankundram Town Road, and pursuant to the same, the third respondent issued a notice dated 23.09.2010 to the petitioner. Challenging the same, the present writ petition has been filed. 3.Even though the writ petition has been filed for a direction to quash the impugned notice and also for a further direction, the learned counsel for the petitioner has submitted that the petitioner has made a representation dated 12.04.2011 to the third respondent and till today, it has not been considered and disposed of. Therefore, he submitted that the petitioner would be satisfied if a direction is issued by this Court to the third respondent to consider the representation of the petitioner. 4.Mr.K.Mahendran, learned Special Government Pleader takes notice for the respondents and objected to the submissions made by the learned counsel for the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 3 5.Heard the counsel and perused the materials on record. 6.After considering the facts and circumstances of the case and in the interest of justice, the third respondent is directed to consider the representation of the petitioner dated 12.04.2011 after affording an opportunity to the petitioner to enable him to substantiate his case, and dispose of the same on merits and in accordance with law, as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. The petitioner is also directed to cooperate with the respondents for disposal of the representation. 7.With the above direction, the writ petition is disposed of. Consequently, M.P.(MD)Nos.1 and 2 of 2011 are closed. No costs. Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To 1.The Chief Engineer (General), Highways Department, Tamil Nadu Highways Authority, Sardar Patel Road, Chennai-600 034. 2.The Divisional Engineer (Highways), Madurai Division of Highways Authority, Madurai. 3.The Assistant Divisional Engineer (Highways), O/o.the Assistant Divisional Engineer, Alagarkovil Road, (Near Lotus Tank), Madurai-2. +1cc to The Special Government Pleader, SR.No.22179 KM akm/20.7.11 /3p-5c/ W.P.(MD)No.7503 of 2011 07.07.2011 https://hcservices.ecourts.gov.in/hcservices/