1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22.08.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR WP(MD)No.9390 of 2011 and MP(MD)No.1 of 2011 Ponnusamy :Petitioner -Vs- 1.The District Collector, Trichy District, Trichy. 2.The Tahsildar, Manapparai Taluk, Trichy District. 3.The Block Development Officer,(Village Panchayats), Marungapuri Union Officer, Kallupatti, Manapparai Taluk, Trichy District. 4.The Panchayat President/The Executive Officer of Village Panchayat, Muthalarvarpatti Panchayat, Marungapuri Union, Manapparai Taluk, Trichy District. :Respondents PRAYER:Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus forbearing the respondent from laying road across the petitioner's patta land which is situated in Trichy District, Muthalvarpatty Village, Survey No.379/1B2 without following due process of law. For Petitioner :Mr.T.Vadivelan For Respondents:Mr.R.Anandha Raj,Government Advocate for R.1 and R.2 :Mr.D.Muruganantham,Additional Government Pleader for R.3 and R.4 ORDER This writ petition has been filed by the petitioner to issue a Writ of Mandamus forbearing the respondent from laying road across the petitioner's patta land which is situated in Trichy District, Muthalvarpatty Village, Survey No.379/1B2 without following due process of law. 2.Heard Mr.T.Vadivelan, learned Counsel for the petitioner, Mr.R.Anandha Raj, learned Government Advocate, who takes notice for the respondents 1 and 2 and Mr.D.Muruganandham, learned Additional Government Pleader, who takes notice for the respondents 3 and 4. 3.By consent, the writ petition itself is taken up for final disposal. 4.The grievance of the petitioner is that the fourth respondent/ Panchayat President is trying to lay a road across the petitioner's patta land as mentioned above without due process of law. The petitioner has made a representation dated 03.08.2011 to the respondents, which has been acknowledged. Since the said representation has not been disposed of, the writ petition has been filed by the petitioner. 5.The learned Government Advocate states that the respondents will consider the said representation before proceeding further in the matter. 6.Without going into the merits of the petitioner's claim, the second respondent is directed to consider the representation of the petitioner https://hcservices.ecourts.gov.in/hcservices/ 2 dated 03.08.2011, on its own merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Till such time the representation is disposed of by the competent authority, the respondent/authority shall not proceed with the laying of the road in respect of the patta land of the petitioner. 7.With the above direction, this writ petition is disposed of Consequently the connected Miscellaneous Petition is also closed. No costs. Sd/- Assistant Registrar (Crl.side) / TRUE COPY / Sub Assistant Registrar To: 1. The District Collector, Trichy District, Trichy. 2. The Tahsildar, Manapparai Taluk, Trichy District. 3. The Block Development Officer, (Village Panchayats), Marungapuri Union Officer, Kallupatti, Manapparai Taluk, Trichy District. 4. The Panchayat President/ The Executive Officer of Village Panchayat, Muthalarvarpatti Panchayat, Marungapuri Union, Manapparai Taluk, Trichy District. +1CC to Mr.T.Vadivelan, Advocate. SR.No.28756. +1CC to The Special Government Pleader. SR.No.28704. Ssl RP/07.09.2011/2P/7C. W.P.(MD)No.9390 of 2011 and M.P.(MD)No.1 of 2011 22.08.2011 https://hcservices.ecourts.gov.in/hcservices/