Madras High CourtWP(MD)/1663/2024disposed of

Dhanapal R v. The District Collector

2024-01-29Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.1663 of 2024 1.R.Dhanapal 2.M.Alaudeen ... Petitioners Vs.

1.The District Collector, Thanjavur District, Thanjavur.

2.The District Revenue Officer, Thanjavur District, Thanjavur.

3.The Revenue Divisional Officer, Thanjavur Division, Thanjavur.

4.The Tahsildar, Thanjavur Taluk, Thanjavur.

5.A.Mynavathi ... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment made by the 5th respondent in the cart track in Survey No. 137/7, Vilar Village, Thanjavur Taluk, Thanjavur District by considering the petitioners' representation dated 17.10.2023.

For Petitioners :

Mr.M.P.Senthil For Respondents :

Mr.N.Satheeshkumar, Addl. Govt. Pleader for R1 to R4

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment made by the 5th respondent in the cart track in Survey No. 137/7, Vilar Village, Thanjavur Taluk, Thanjavur District by considering the petitioners' representation dated 17.10.2023.

2. This Writ Petition is taken up for final disposal at the admission stage itself.

3. According to the petitioners, the 5th respondent has made encroachments in the property in question. In this regard, the petitioners made a representation on 17.10.2023, seeking to remove the encroachment made by the 5th respondent. Since no action was taken on the said representation, the petitioners have filed this Writ Petition.

4. Considering the limited scope of the prayer, without going into the merits of the case, we direct the 4th respondent to consider the representation of the petitioners dated 17.10.2023 and pass orders on merits and in accordance with law after providing opportunity to the petitioners as well as to the fifth respondent or any other aggrieved persons, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

[D.K.K., J.] [R.V., J.] vsm 29.01.2024 NCC : Yes / No Index : Yes / No

To 1.The District Collector, Thanjavur District, Thanjavur.

2.The District Revenue Officer, Thanjavur District, Thanjavur.

3.The Revenue Divisional Officer, Thanjavur Division, Thanjavur.

4.The Tahsildar, Thanjavur Taluk, Thanjavur.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

vsm 29.01.2024