M/S.Prema Ramakrishnan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.07.2024 CORAM :
THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ Prema Ramakrishnan .. Petitioner vs 1.The District Collector, Salem District, Salem.
2.The District Revenue Officer, Suramangalam, Salem District.
3.The Tahsildar, Salem Tahsildar, Kannankurichi Main Road, Gurukkal Colony, Manakadu, Salem-636 007.
4.The Village Administrative Officer, Nilavarapatti-Dasanayakan Patti, Salem District-636 201.
5.Adhi .. 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 and dispose of the petitioner's representation dated 30.1.2024 to remove the illegal encroachment in 31 feet public road in front of the petitioner's Plot No.3A, comprising in Survey No.7/3, Patta No.123, Sri Sowdambiga Nagar Annexure, Nilavarapatti Village, Salem Taluk, Salem District and to retrieve the public road from the clutches of the Adhi at Nilavarapatti Village 5th respondent herein. For the Petitioner : Mr.G.V.Sridharan For the Respondents : Mr.Habeeb Rahman Government Advocate for respondents 1 to 4
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 respondents 1 to 4 to consider and dispose of the petitioner's representation dated 30.1.2024 and to remove the illegal encroachment made by the fifth respondent in 31 feet public road in front of the petitioner's Plot No.3A, comprising in Survey No.7/3, Patta No.123, Sri Sowdambiga Nagar Annexure, Nilavarapatti Village, Salem Taluk, Salem District and retrieve the said public road.
2. Mr.Habeeb Rahman, learned Government Advocate, who accepts notice on behalf of respondents 1 to 4, on instructions, submits that the respondent authorities shall pass orders on the representation of the petitioner dated 30.1.2024 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 30.1.2024 and pass orders on merits and in accordance with law, of course after affording reasonable opportunity to all the interested parties, including the fifth 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.) 05.07.2024 Index :
Yes/No NC :
Yes/No bbr
To:
1.The District Collector, Salem District, Salem.
2.The District Revenue Officer, Suramangalam, Salem District.
3.The Tahsildar, Salem Tahsildar, Kannankurichi Main Road, Gurukkal Colony, Manakadu, Salem-636 007.
4.The Village Administrative Officer, Nilavarapatti-Dasanayakan Patti, Salem District-636 201.
THE HON'BLE ACTING CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.
bbr 05.07.2024