S.Raja v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.09.2024

CORAM:

THE HON'BLE MR.D. KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE P.B. BALAJI S.Raja ... Petitioner versus 1.The District Collector, Namakkal District, Collectorate, Namakkal.

2.The Revenue Divisional Officer, Thiruchengode, 3.The Thasildar, Thasildar Office, Padamudipalayam, Paramathi Velur Taluk, 4.The Block Development Officer, Village Panchayat, Block Development Office, Paramathi Velur Taluk, 1/6

5.P.Manoharan ...Respondents PRAYER: Writ Petitions filed under Article 226 of the Constitution of India, for the issuance of a writ of Mandamus, directing the respondents 1 to 4 to consider the petitioner's representation dated 09.02.2023 to remove the encroachment made by the fifth respondent in pathway situated in S.F.No.233 in Seerapalli Village, Paramathi Vellur Taluk, Namakkal District, which is classified as "Government Poromboke" path-way on merits within the time limit fixed by this Court and pass orders. For the Petitioner :Mr.L.Mouli For the Respondents :Mr.A.Edwin Prabakar State Government Pleader for respondents 1 to 4

ORDER

(Made by the Hon'ble Acting Chief Justice) This writ petition is filed for a direction to the respondents 1 to 4 to consider the petitioner's representation dated 09.02.2023 to remove the encroachment made by the fifth respondent in pathway situated in S.F.No.233 in Seerapalli Village, Paramathi Vellur Taluk, Namakkal District, which is classified as "Government Poromboke" path-way on 2/6

merits.

2. The petitioner has made a representation dated 09.02.2023 to the authority concerned. So far no action has been taken. Hence, the petitioner has filed the present writ petition.

3. Considering the limited scope of the prayer as sought for in the writ petition, without going into the merits of the case, this Court is inclined to the direct the authority concerned, to consider the representation dated 09.02.2023 on 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.) 12.09.2024 Index : Yes/No mrn 3/6

To 1.The District Collector, Namakkal District, Collectorate, Namakkal.

2.The Revenue Divisional Officer, Thiruchengode, 3.The Thasildar, Thasildar Office, Padamudipalayam, Paramathi Velur Taluk, 4.The Block Development Officer, Village Panchayat, Block Development Office, Paramathi Velur Taluk, Namakkal District, 4/6

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

(mrn) 12.09.2024 5/6

6/6