N.Swaminathan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.05.2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI W.P.No.19377 of 2025 N. Swaminathan S/o. Nagarathinam ... Petitioner Vs.

1. The District Collector, Tiruvallur Collectorate Office, Tiruvallur.

2. The Revenue Divisional Officer, Maduravoyal, Chennai - 600 095.

3. The Tahsildar, Tahsildar Office, Maduravoyal, Chennai-600 095.

4. The Commissioner of Police, Avadi Police Quarters, Avadi, Chennai-600 054.

5. The Inspector of Police, Maduravoyal Police Station, Maduravoyal, Chennai - 600 095.

6. M. Venkatesan S/o.Manickam ... Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to consider the petitioner's representation dated 04.04.2025 and to act promptly by providing relief to the petitioner in the matter, considering his age and medical condition.

For Petitioner : Mr. A.V. Bharathi for Dr. D. Sridevi For Respondents : Mr. S.J. Mohammed Sathik [for R1 to R3] Mr. R. Kishore Kumar [R4 and R5]

O R D E R

The Writ petition is filed praying for a direction to the respondents 1 to 5 to consider the petitioner's representation dated 04.04.2025 and to act promptly by providing relief to the petitioner in the matter, considering his age and medical condition.

2. According to the petitioner, he is the absolute and lawful owner of the residential property situated at Plot No.77B, Sri Krishna Nagar, 3rd Main Road, Maduravoyal. The petitioner permitted the 6th respondent herein to temporarily reside at the above mentioned property, but now he is now refused to vacate and he has unlawfully occupied the premises of the petitioner. Hence the petition.

3. The learned counsel appearing for the petitioner would submit that there is no tenancy agreement or rental understanding between the petitioner and the 6th respondent. Further, the petitioner is a cancer patient and he is a senior citizen and his wife is also taking treatment for her heart ailment. Despite several representations made by the petitioner before the respondents 1 to 5, no action was taken. Hence, the present Writ petition may be allowed.

4. The learned counsel appearing for the respondents 1 to 5, submitted that representation submitted by the petitioner will be considered on its' own merits within a time fixed by this Court.

5. This Court heard both sides and perused the materials available on record.

6. Without going into the merits of the case, this Court is inclined to direct the respondents 1 to 5 to consider the representation of the petitioner dated 04.04.2025 and pass appropriate orders on merits and in accordance with law, by giving due opportunity to the 6th respondent for enquiry, within a period of two (2) weeks thereafter.

7. With the above directions, the Writ petition is disposed of. 28.05.2025 mjs Index : Yes / No

Speaking order / Non-speaking order T.V.THAMILSELVI , J.

mjs To

1. The District Collector, Tiruvallur Collectorate Office, Tiruvallur.

2. The Revenue Divisional Officer, Maduravoyal, Chennai - 600 095.

3. The Tahsildar, Tahsildar Office, Maduravoyal, Chennai-600 095.

4. The Commissioner of Police, Avadi Police Quarters, Avadi, Chennai-600 054.

5. The Inspector of Police, Maduravoyal Police Station, Maduravoyal, Chennai - 600 095.

W.P.No.19377 of 2025

28.05.2025