P.Subramani v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.09.2024

CORAM:

THE HON'BLE MR.D. KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE P.B. BALAJI P.Subramani ... Petitioner versus 1.The District Collector, Office of the collectorate, Nallipalayam Post, Namakkal District 637 003 2.The Superintendent of Police, District Police Office, Namakkal District 637 003 3.The District Revenue Officer, Office of the collectorate, Nallipalayam Post, Namakkal District 637 003 4.The Revenue Divisional Officer, Paramathi Road, Thiruchengode Post & Taluk, 1/6

Namakkal District 637 211 5.The Tahsildar, Paramathi Velur Taluk Office, Padamudipalayam, Namakkal 638 182 6.The Block Development Officer, Kabilarmalai Union Office, Kabilarmalai Post, Paramathi Velur Taluk, Namakkal 637 204 7.The Assistant Engineer, Highways Department, C&M, Near Police Station Kabilarmalai Post, Paramathi Velur Taluk, Namakkal 637 204 8.P.Manokaran ...Respondents PRAYER: Writ Petitions filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus direct the 1st respondent to consider the petitioner's representation dated 24.06.2024 and remove the encroachment on the Cart Road in Namakkal, Paramathi Taluk, Seerapalli Village S.No.233 within a stipulated period.

For the Petitioner :Mr.K.S.Vivekanandam For Respondents 1, 4, 5 :Mr.A.Edwin Prabhakar, State Government Pleader For Respondents 2, 3 :Mr.R.Muniyapparaj, Additional Public Prosecutor 2/6

For Respondent No.6 : Mr.S.Yashwanth, Addl. Gov Pleader

ORDER

(Made by the Hon'ble Acting Chief Justice) The writ petition is filed for a direction to the first respondent to consider the petitioner's representation dated 24.06.2024 and remove the encroachment on the Cart Road in Namakkal, Paramathi Taluk, Seerapalli Village S.No.233 within a stipulated period.

2. The petitioner has made a representation dated 24.06.2024 to the respondents to take action for removal of encroachment in the property in question. The first respondent/District Collector vide Office Memorandum dated 05.07.2023 had directed the Tahsildar to take necessary action for removal of the said encroachment. Since no action has been taken, the petitioner has filed the present writ petition.

3. Considering the fact and circumstances, without going into the merits of the case, this Court is inclined to direct the fifth respondent/Tahsildar to consider the representation dated 24.06.2024 on 3/6

merits and in accordance with law and pass orders, as early as possible, within a period of twelve weeks, from the date of receipt of a copy of this order, after providing opportunity to the parties concerned.

4. With the above directions, the writ petition stands disposed of. There shall be no order as to costs.

(D.K.K., ACJ.) (P.B.B., J.) 23.09.2024 Index : Yes/No mrn To 1.The District Collector, Nallipalayam Post, Namakkal District 637 003 2.The Superintendent of Police, District Police Office, Namakkal District 637 003 3.The District Revenue Officer, Nallipalayam Post, Namakkal District 637 003 4/6

4.The Revenue Divisional Officer, Paramathi Road, Thiruchengode Post & Taluk, Namakkal District 637 211 5.The Tahsildar, Paramathi Velur Taluk Office, Padamudipalayam, Namakkal 638 182 6.The Block Development Officer, Kabilarmalai Union Office, Kabilarmalai Post, Paramathi Velur Taluk, Namakkal 637 204 7.The Assistant Engineer, Highways Department, C&M, Near Police Station Kabilarmalai Post, Paramathi Velur Taluk, Namakkal 637 204 5/6

THE HON'BLE ACTING CHIEF JUSTICE and P.B. BALAJI, J.

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