R.Prabakaran v. The District Collector
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 R.PRABAKARAN .. Petitioner Vs
1. THE DISTRICT COLLECTOR DISTRICT COLLECTOR OFFICE SALEM.
2. THE TAHSILDAR TAHSILDAR OFFICE RASIPURAM.
3. THE ASSISTANT DIRECTOR (VILLAGE PANCHAYAT) SALEM, SALEM - 636 001.
4. THE BLOCK DEVELOPMENT OFFICER (VILLAGE PANCHAYAT) BLOCK DEVELOPMENT OFFICE PETHANAICKENPALAYAM SALEM DISTRICT.
5. THE VILLAGE ADMINISTRATIVE OFFICER KOTTAVADI VILLAGE PETHANAICKENPALAYAM SALEM DISTRICT.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing Respondents 1 to 4 to
consider petitioner's representation dated 16.03.2024 and consequently remove the encroachment made in S.No.58, 59/2 (public road) in Karadipatti (Belur), Pethanaickenpalayam, Salem District.
For the Petitioner : Mr.J.Prithivi For the Respondents : Mr.A.Edwin Prabakar State Government Pleader for respondents 1 to 3 and 5
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 commanding respondents 1 to 4 to consider the petitioner's representation dated 16.3.2024 and remove the encroachment made in Survey Nos.58, 59/2 (public road) in Karadipatti (Belur), Pethanaickenpalayam, Salem District.
2. Mr.A.Edwin Prabakar, learned State Government Pleader, who accepts notice on behalf of respondents 1 to 3 and 5, on instructions, submitted that the respondent authorities shall pass orders on the representation of the petitioner dated 16.3.2024, on
merits and in accordance with law, after affording opportunity to all concerned.
3. Recording the submission made by learned State Government Pleader 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 16.3.2024 and pass orders on merits and in accordance with law, of course after affording reasonable opportunity to all the interested parties, 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 DISTRICT COLLECTOR OFFICE SALEM.
2. THE TAHSILDAR TAHSILDAR OFFICE RASIPURAM.
3. THE ASSISTANT DIRECTOR (VILLAGE PANCHAYAT) SALEM, SALEM - 636 001.
4. THE BLOCK DEVELOPMENT OFFICER (VILLAGE PANCHAYAT) BLOCK DEVELOPMENT OFFICE PETHANAICKENPALAYAM SALEM DISTRICT.
5. THE VILLAGE ADMINISTRATIVE OFFICER KOTTAVADI VILLAGE PETHANAICKENPALAYAM SALEM DISTRICT.
THE HON'BLE ACTING CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.
bbr 03.07.2024