Madras High CourtWP/17274/2024disposed of

Amirthalingam v. The District Collector,

2024-07-03Honourable The Acting Chief Justice,Honourable Mr Justice Mohammed Shaffiq5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2024 CORAM :

THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ Amirthalingam .. Petitioner vs 1.The District Collector, Coimbatore District.

2.The Thasildhar, Coimbatore North, Coimbatore.

3.The Revenue Officer, Kuchipalayam Road, Near Police Station, Periyapalayam, Coimbatore District.

4.Rayappan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the first respondent to consider petitioner's representation dated 11.3.2024 within a

reasonable period and directing the first respondent to remove the encroachment of common passage by the fourth respondent within a reasonable period.

For the Petitioner : Mr.V.Shanmugasundaram For the Respondents : Mr.Habeeb Rahman Government Advocate for respondents 1 to 3

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) The petitioner has filed this writ petition seeking issuance of a writ of mandamus directing the first respondent to consider the representation of the petitioner dated 11.3.2024 and remove the encroachment made by the fourth respondent on the common passage.

2. Mr.Habeeb Rahman, learned Government Advocate, who accepts notice on behalf of respondents 1 to 3, on instructions, submitted that the respondent authorities shall pass orders on the

representation of the petitioner dated 11.3.2024 on merits and in accordance with law, after affording opportunity to all concerned.

3. Recording the submission made by learned Government Advocate and without expressing any opinion on the merits of the matter, the writ petition is disposed of by directing the respondent authorities to consider the representation of the petitioner dated 11.3.2024 and pass orders on merits and in accordance with law, after affording reasonable opportunity to the fourth respondent, within a period of eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs. (R.M.D., ACJ.) (M.S.Q., J.) 03.07.2024 Index :

Yes/No NC :

Yes/No bbr

To:

1.The District Collector, Coimbatore District.

2.The Thasildhar, Coimbatore North, Coimbatore.

3.The Revenue Officer, Kuchipalayam Road, Near Police Station, Periyapalayam, Coimbatore District.

THE HON'BLE ACTING CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.

bbr 03.07.2024