K. ashok Kumar v. District Collector, Erode District
2025-03-05
J.SATHYA NARAYANA PRASAD
body2025
DigiLaw.ai
ORDER : 1. This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents No.1 to 7 to lay the Thar road in New R.S.No.186/2B. 187/2A, 3A, 4A at 46 Pudur, 'A' Village, Nochikaatu Valasu in lieu of the 1 st respondent tender work order proceedings in Na.Ka.No.5468/2023/A8 dated 14.02.2024 within the stipulated time based on the petitioner's representation dated 26.12.2024. 2. The property in R.S.No.186/1,2 and R.S.No.187/1,2,3 and 4 situated at 46, Pudur, "A" Village, Nochikattuvalasu Valasu, Modakurichi taluk, Erode District is herein referred to as "Subject property". The subject properties were purchased by the petitioner and his father, Krishnamoorthy, along with Pushpamala and J.Selvam, from one Kannalyan and others vide sale deed dated 09.09.2005 in Document No.2293 and 2294 of 2005 in respect of our vendors shares. On the same day, i.e., 09.09.2005, they purchased the subject property in respect other co-sharers, one Velusamy and other vide sale deed Document Nos.2295 and 2296 of 2005. On 16.09.2005, again purchased the subject property from the respective owners, Ilayammal and others, vide sale deed document No.2457 of 2005. Again on the same day i.e., 16.09.2005, the petitioner and others purchased another extent from the same owners, Ilayammal and others, vide sale deed document No.2458 of 2005. After purchasing property, revenue records have been mutated, and the petitioner and co-owners are in joint possession and enjoyment of the same without any let or hindrance. 3. In this situation, the village president, i.e., 8 th respondent herein, has approached them and informed them that the people of the locality are facing inconvenience in using the panchayat roads since the roads are narrow and there is an acute shortage of the place to construct the drainage canal. Apart from these two reasons, there are more vehicles plying in the area due to the considerable developments. Therefore, he requested the petitioner to gift land for the formation of the road for the easy access of the public at large. 4. Considering the request made by the 8 th respondent, the petitioner and other co-owners of the subject property decided to gift the property in the patta land for the formation of the road. The panchayat also vide resolution dated 26.11.2020 approved to accept the gift proposed by the petitioner.
4. Considering the request made by the 8 th respondent, the petitioner and other co-owners of the subject property decided to gift the property in the patta land for the formation of the road. The panchayat also vide resolution dated 26.11.2020 approved to accept the gift proposed by the petitioner. In lieu of the same, the petitioner and other co-owners executed the gift deed in favor of the 8 th respondent panchayat. Therefore, on 03.12.2020, the petitioner and other co-owners jointly executed the gift deed in R.S.No.186/2 and 187/2,3 &4 measuring an extent of 4327 square feet, vide registered gift deed Document No.7495/2020. On 12.02.2021, the petitioner and other co-owners jointly executed the gift deed in respect of R.S.No.186/1&2 and 187/1,2,3 & 4, measuring an extent of 18365 square feet, vide registered gift deed Document No.1274/2021. After the execution of the above said two gift deeds, the 8 th respondent made a recommendation to the concerned authorities for the laying of the road. The District Administration has also consented to form the road in the gifted land. That after completing the necessary procedures, the 1 st respondent called for the tender under the Local Planning Fund scheme (LPA) 2023-2024. 5. Learned counsel appearing for the petitioner would submit that one M/s Ragupathy & CO took the tender, and the 1 st respondent issued a work order in Na.Ka.No.5468/2023/A8 dated 14.02.2024. In the above said work order, there is a specific condition that the projects have to be completed within 3 months. Pursuant to the issue of the work order, the tenderer commenced with the work. At that time, the private respondents 9 to 10 objected for the laying of the road and they contended that no DTCP approval was obtained. The petitioner and other co-owners did not form any layout in the subject property. As of now the petitioner has not decided to form the layout. When the petitioner decides to form layout, then the question of getting permission before the DTCP would arise. The frivolous objections of the private respondents are motivated, and they cause a lot of trouble. The very purpose for the formation of the road itself is to ease the traffic movement. The private respondents are not co-owners and they have no semblance of right in the subject property. 6.
The frivolous objections of the private respondents are motivated, and they cause a lot of trouble. The very purpose for the formation of the road itself is to ease the traffic movement. The private respondents are not co-owners and they have no semblance of right in the subject property. 6. The Tahsildar, Modakurichi, after receiving their objections, issued a summons to the petitioner and other co-owners and the private respondents and called for enquiry. The petitioner and other co-owners participated in the enquiry, the private respondent, 8 th respondent, VAO, RI and Inspector of Police, Modakurichi, participated in the enquiry. The private respondent left the enquiry, stating that they will work out their remedy pending before the concerned department. Recording the same, the Tahsildar also closed the enquiry. As on date, no other proceedings are pending in respect of the above stated projects. In the Tahsildar enquiry, the private respondents could not substantiate their objections. Now, based on the frivolous objection, the project is kept in abeyance. 7. Learned counsel would further submit that on 26.12.2024, the petitioner made a representation to the official respondents to complete the road project within the stipulated time as per the 1 st respondent work order. After receipt of his representation, the official respondents did not come forward to complete the road project. The road project has been pending for nearly eleven months, and the official respondents did not take any steps to complete the project. The work order was issued by the 1 st respondent on 14.02.2024, and without any valid reasons, the project is being kept pending. The private respondents objections are not valid one. The Government Project was stopped based on the baseless allegations and without any order from the competent authority. The official respondents did not come forward to act in respect of his representation, and the same is kept pending. Hence, the present writ petition is filed. 8. It is further submitted that the work order was issued on 14.02.2024, according to which the contractor was to complete the work of laying the Thar road within three months on or before 14.05.2024, but in this case nearly one year has gone, and the laying of the road is yet to be completed, and the delay is due to the objection given by respondents 9 and 10. 9.
9. Learned Additional Government Pleader appearing for respondents 1 to 5 would submit that they will finish the laying of the Thar road as per the work order dated 14.02.2024. 10. Learned Additional Government Pleader would further submit that the 10 th respondent has already given a representation dated 04.09.2024, which was considered by the Revenue Divisional Officer, Erode, third respondent vide O.Mu.No.4700/2024/A5 dated 24.12.2024, and the relevant portion is extracted hereunder: 11. It is further submitted that the representation given by the President of the Panchyat Union, namely, R. Prabhu, and not by the 10 th respondent, wherein no enquiry has been conducted and it is only a peace talk between authorities and respondents 9 and 10, but it is not an enquiry based on the joint representation given by respondents 9 and 10. He further submitted that three joint representations have been given to the respondents dated 09.07.2024, 25.07.2024 and 19.08.2024 respectively and the same were not considered by the respondents till date. 12. Learned counsel appearing for respondents 9 and 10 would submit that they have given their first objection only on 09.07.2024, which is much after the stipulated period of time to complete the work, i.e., 14.05.2024. 13. Heard both sides and perused the materials available on record. 14. In view of the above facts and circumstances of the case, the 6 th respondent is directed to consider the joint representation of respondents 9 and 10 dated 09.07.2024, 25.07.2024 and 19.08.2024 respectively after giving due notice to the petitioner as well as respondents 9 and 10 and affording an opportunity of personal hearing to the petitioner as well as respondents 9 and 10, to take into consideration all the relevant documents submitted by the parties in regard to the subject matter property and pass appropriate orders on merits, in accordance with law thereby following the above principles of natural justice within a period of eight (8) weeks from the date of receipt of a copy of this order. 15. In the result, the writ petition stands disposed of with the above observations and direction . No costs. Consequently, connected miscellaneous petition is closed.