Madras High CourtWP/8653/2022disposed of

Latha v. The District Collector

2022-04-11Honourable Mr Justice M.Duraiswamy,Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.04.2022 CORAM :

THE HON'BLE MR. JUSTICE M.DURAISWAMY AND THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI W.P.No.8653 of 2022 Latha .. Petitioner Vs.

1.The District Collector, Salem District, Salem.

2.The District Revenue Officer, Salem District, Salem.

3.The Revenue Divisional Officer, Mettur, Salem District.

4.The Tahsildar, Mettur Taluk, Mettur, Salem District.

5.The Village Administrative Officer, Thinnapatti Village, Mettur Taluk, Salem District.

6.The Superintendent of Police, Salem District at Salem.

7.The Inspector of Police, Kolatur Police Station, Kolatur, Mettur Takuk, Salem District.

8.Selvi 9.Gopal .. Respondents Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 2nd respondent/District Revenue Officer, Salem to take up and hear the petitioner's appeal dated 25.02.2022 filed against the order passed by the 3rd respondent/Revenue Divisional Officer, Mettur

vide Pa.Mu.507/2022/A dated 09.02.2022 and decide the same within the time fixed by this Court and direct the respondents 1 to 5 to remove the encroachment and illegal construction of the temple situated at Natham Survey No,546/41 measuring an extent of 0.1950.00 sq.m, Thinnappatti Village, Mettur Taluk is classified as Public place and mariyamman temple.

For Petitioner : Mr.R.Prabakar For Respondents : Mr.A.Selvendran, Special Government Pleader (R1 to R7)

O R D E R

(ORDER OF THE COURT WAS MADE BY M.DURAISWAMY, J.) The petitioner has filed the above Writ Petition to issue a Writ of Mandamus directing the 2nd respondent/District Revenue Officer, Salem to take up and hear the petitioner's appeal dated 25.02.2022 filed against the order passed by the 3rd respondent/Revenue Divisional Officer, Mettur dated 09.02.2022 and dispose of the same within a time frame and direct the respondents 1 to 5 to remove the encroachment and illegal construction of the Temple situated at Natham Survey No,546/41 measuring an extent of 0.1950.00 sq.m, Thinnappatti Village, Mettur Taluk, which is classified as Public place and Mariyamman Temple.

2.The learned counsel for the petitioner submitted that though the petitioner has filed the appeal as early as on 25.02.2022 before the 2nd respondent, the same has not yet been disposed of by him so far.

3.Mr.A.Selvendran, learned Special Government Pleader taking notice for the respondents 1 to 7 submitted that the 2nd respondent may be directed to dispose of the appeal dated 25.02.2022 within a period of four weeks.

4.Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the learned counsel for the petitioner, without expressing any opinion with regard to the merits of the matter, we direct the 2nd respondent to take up the appeal filed by the petitioner dated 25.02.2022 and dispose of the same on merits and in accordance with law, after giving notice to all the interested parties, within a period of four weeks from the date of receipt of a copy of this order.

5.With these observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar va To 1.The District Collector, Salem District, Salem.