K.Thangavelu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.09.2024 CORAM :
THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI
1. K.THANGAVELU
2. KALIAPPA GOUNDER .. Petitioners Vs
1. THE DISTRICT COLLECTOR NAMAKKAL DISTRICT, COLLECTORATE, NAMAKKAL DISTRICT.
2. THE REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, THIRUCHENGODE, NAMAKKAL DISTRICT.
3. THE TAHSILDAR THASILDAR OFFICE, PARAMATHIVELUR TALUK, NAMAKKAL DISTRICT.
4. THE BLOCK DEVELOPMENT OFFICER KABILARMALAI PANCHAYAT UNION, KABILARMALAI, PARAMATHIVELUR TALUK, NAMAKKAL DISTRICT.
5. SENNIMALAI
6. PALANISAMY
7. KULANDAIVEL
8. SENNIMALAI
9. KUPPUSAMY
10. KUPPUSAMY
11. SENNIMALAI .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing Respondents 1 to 4 herein to consider the petitioner's representation dated 28.02.2024 to remove the encroachment made by the Respondents 5 to 11 in 20 feet pathway situated in S.F.No.304/4 and 305/2 in E.Nallagoundampalayam Village, Zamin Ellampalli, Paramathi Vellur Taluk, Namakkal District, within a stipulated time. For the Petitioners : Mr.L.Mouli For Respondents : Mr.A.Edwin Prabakar State Government Pleader for respondents 1 to 4
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) Alleging that respondents 5 to 11 have put up encroachments on a 20-feet pathway situated in S.F.Nos.304/4 and 305/2 in E.Nallagoundampalayam Village, Zamin Ellampalli, Paramathi Vellur Taluk, Namakkal District, which is classified as "Government Poramboke", the petitioners sent a representation on 28.2.2024 to the respondents authorities. As the said representation did not educe any response, the present writ petition is filed.
2. Considering the narrow scope of the prayer made in the
writ petition, without going into the merits of the matter, we direct respondents 1 to 4 to consider the representation of the petitioner dated 28.2.2024 and pass appropriate orders, on merits and in accordance with law, of course after affording an opportunity to all the interested persons, including respondents 5 to 11. The entire exercise shall be concluded within a period of twelve weeks from the date of receipt of a copy of this order.
The writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, W.M.P.No.27166 of 2024 filed to permit the petitioners to file a single writ petition is ordered. (D.K.K., ACJ.) (P.B.B, J.) 02.09.2024 Index :
Yes/No NC :
Yes/No sasi
To:
1. THE DISTRICT COLLECTOR NAMAKKAL DISTRICT, COLLECTORATE, NAMAKKAL DISTRICT.
2. THE REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, THIRUCHENGODE, NAMAKKAL DISTRICT.
3. THE TAHSILDAR THASILDAR OFFICE, PARAMATHIVELUR TALUK, NAMAKKAL DISTRICT.
4. THE BLOCK DEVELOPMENT OFFICER KABILARMALAI PANCHAYAT UNION, KABILARMALAI, PARAMATHIVELUR TALUK, NAMAKKAL DISTRICT.
THE HON'BLE ACTING CHIEF JUSTICE AND P.B.BALAJI, J.
(sasi) 02.09.2024