Ponnuchamy P v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR P.Ponnuchamy ... Petitioner -vs1.The District Collector, Karur District, Karur.

2.The District Revenue Officer, O/o. District Revenue Office, Karur District.

3.The Tahsildar, Kadavur Taluk, Karur District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents herein to remove the encroachment made in Natham Survey No.2008/5 in Idaiyapatti East village, Kadavur Taluk, Karur District, based on the petitioner's representation dated 21.11.2023.

For Petitioner :

Mr.P.Andiraj For Respondents :

Mr.P.Thilakkumar Government Pleader

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 herein to remove the encroachment made in Natham Survey No.2008/5, Idaiyapatti East village, Kadavur Taluk, Karur District, based on the petitioner's representation dated 21.11.2023.

2. By consent of both sides, the Writ Petition is taken up for final hearing at the time of admission itself.

3. According to the petitioner, he has made a representation to the respondents on 21.11.2023 to remove the encroachment made in Natham Survey No.2008/5, Idaiyapatti East village, Kadavur Taluk, Karur District, but the same has not been considered so far. Hence, he has come forward with the present Writ Petition.

4. Learned Government Pleader appearing for the respondents, on instructions, made a submission that the representation of the petitioner would be considered after giving notice to the parties concerned.

5. Therefore, without going into the merits of the claim made by the petitioner either in the Writ Petition or in the representation, this Court directs the first respondent to consider the representation of the petitioner dated 21.11.2023, after providing opportunity to all the parties concerned and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner is also at liberty to submit a copy of the representation to the first respondent along with this order copy within a period of two weeks from the date of receipt of a copy of this order.

6. With the above directions, the Writ Petition stands disposed of. No costs.

[D.K.K., J.] [R.V., J.] 09.01.2024 Index : Yes / No Internet : Yes / No SJ

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

SJ To 1.The District Collector, Karur District, Karur.

2.The District Revenue Officer, O/o. District Revenue Office, Karur District.

3.The Tahsildar, Kadavur Taluk, Karur District.

09.01.2024