Madras High CourtWP/15359/2024disposed of

E.Mani, v. The Secretary To Government,

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 E.Mani .. Petitioner vs 1.The Secretary to Government, (Revenue Department), Government of Tamil Nadu, Chennai-600 009.

2.The Joint Director (Admn), O/o The Municipal Administration Commissioner, Chennai-600 009.

3.The District Collector, Collectorate, Namakkal-637 003.

4.The Commissioner, Namakkal Municipal Office, Namakkal-637 001.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to consider

the petitioner's representation dated 20.2.2024 consequently direct the respondents to take necessary steps to remove the encroachment in S.F.No.351, Town Survey Ward-C, Block No.4, T.S.No.262/1 and 262/2 in Namakkal Village.

For the Petitioner : Mr.S.N.Subramani For the Respondents : Mr.Habbeb 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 respondents to consider the petitioner's representation dated 20.2.2024 and direct the respondents to take necessary steps to remove the encroachments made in S.F.No.351, T.S.No.262/1 and 262/2, Namakkal Village.

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

representation of the petitioner dated 20.2.2024 on merits and in accordance with law, after affording opportunity to all concerned.

3. Recording the submission made by learned Government Advocate for respondents 1 to 3 and without expressing any opinion on the merits of the matter, the writ petition is disposed of by directing respondents 1 to 3 to consider the representation of the petitioner dated 20.2.2024 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 Secretary to Government, (Revenue Department), Government of Tamil Nadu, Chennai-600 009.

2.The Joint Director (Admn), O/o The Municipal Administration Commissioner, Chennai-600 009.

3.The District Collector, Collectorate, Namakkal-637 003.

4.The Commissioner, Namakkal Municipal Office, Namakkal-637 001.

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

bbr 03.07.2024