BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02/12/2008 CORAM THE HONOURABLE MR.JUSTICE G.RAJASURIA W.P.(MD)No.10969 of 2008 1.Binthu 2.Pushpanjali ... Petitioners Vs. 1.The Block Development Officer, Munchirai Union, Munchirai Post, Kanyakumari District. 2.The President, Choozhal Village Panchayat, Kollemcode Post, Kanyakumari District. ... Respondents Prayer Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the second respondent to consider the petitioner's representation dated on 30.08.2008 and stop if any constructions made by the respondents in front of the petitioners property in the highway puramboke land of Kaliyakavilai-Kollemcode road side situated in Re.Survey No.38/1 of Choozhal village, Vilavan Code Taluk, Kanyakumari District. !For Petitioners ... Ms.Punitha Devakumar ^For Respondents ... Mr.R.Janakiramulu Spl. Government Pleader :ORDER
This writ petition has been filed to direct the second respondent to
consider the petitioner’s representation dated 30.08.2008 and stop if any
constructions made by the respondents in front of the petitioners property in
the highway puramboke land of Kaliyakavilai-Kollemcode road side situated in
Re.Survey No.38/1 of Choozhal village, Vilavan Code Taluk, Kanyakumari District.
2. Heard Ms.Punitha Devakumar, learned counsel for the petitioners and
also, Mr.R.Janakiramulu, learned Special Government Pleader who took notice on
behalf of the respondents.
3. The grievance of the petitioner as stood exposited from the affidavit
accompanying the writ petition as well as from the representation made by the
learned counsel for the petitioner, is to the effect that the representation
dated 30.08.2008 submitted to the second respondent viz., the President,
Choozhal Village Panchayat, Kollemcode Post, Kanyakumari District evoked no
positive response. Hence, this writ petition.
4. The learned counsel for the petitioner would submit that the
petitioners are having one house at Re.Survey No.38/1 of Choozhal Village,
Vilavan Code Taluk, Kanyakumari District; however, the second respondent viz.,
the President, Choozhal Village Panchayat, Kollemcode Post, Kanyakumari District
is trying to put up some building so as to obstruct the access to the
petitioner’s building.
5. Heard the learned Special Government Pleader.
6. Hence, in these circumstances, the following direction is given:
On receipt of a copy of this order, the second respondent viz., the
President, Choozhal Village Panchayat, Kollemcode Post, Kanyakumari District
respondent shall consider the representation of the petitioner dated 30.08.2008
purely on merits within a period of fifteen days from the receipt of a copy of
this order after giving due opportunity of being heard to the petitioner.
7. With the above said direction, this writ petition is disposed of. No
costs.
dp/smn
To
1.The Block Development Officer,
Munchirai Union,
Munchirai Post,
Kanyakumari District.
2.The President,
Choozhal Village Panchayat,
Kollemcode Post,
Kanyakumari District.