K.V.Amendiran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR K.V.Amendiran ... Petitioner -vs1.The District Collector, Pudukottai District, Pudukottai.

2.The Revenue Divisional Officer, Revenue Divisional Office, Alangudi Taluk, Pudukottai District.

3.The Thasildar, Tahsildar Officer, Alangudi Taluk, Pudukottai District.

4.The Block Development Officer, Thiruvarankulam Taluk, Pudukottai District.

5.J.Maheswaran

6.S.Dhinesh 7.C.Birammaiya 8.V.Rajarethinam 9.V.Rajendhiran 10.V.Pushparaj ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the official respondent Nos.1 to 4 to remove the encroachment made by the 5th to 10th respondents in Survey No.301/1 measuring to an extent of 4 acres situated at Keezhaiyur Village, Alangudi Taluk, Pudukottai District and take necessary action against the 5th to 10th respondents for their illegal acts of encroaching the said land by considering petitioner's representation dated 10.03.2023 and 26.12.2023. .

For Petitioner :

Mr.V.Sukumar For Respondents :

Mr.S.P.Maharajan Special Government Pleader for R1 to R3

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 respondent Nos.1 to 4 to remove the encroachment made by the 5th

to 10th respondents in Survey No.301/1, measuring an extent of 4 acres, situated at Keezhaiyur Village, Alangudi Taluk, Pudukottai District and take necessary action against the 5th to 10th respondents for their illegal acts of encroaching the said land by considering petitioner's representation dated 10.03.2023 and 26.12.2023.

2. By consent of both sides, the Writ Petition is taken up for final hearing at the time of admission itself. Considering the nature of the order proposed to be passed in this Writ Petition, protecting the interests of the respondents 4 to 10 also, notice to the respondents 4 to 10 is dispensed with.

3. According to the petitioner, he made representations dated 10.03.2023 and 26.12.2023 to the official respondents to take action against the illegal encroachments made by the respondents 5 to 10 in Survey No.301/1 measuring to an extent of 4 acres situated at Keezhaiyur Village, Alangudi Taluk, Pudukottai District and since the same have not considered so far, the petitioner is constrained to approach this Court by filing the present Writ Petition.

4. According to the learned counsel for the petitioner, the petitioner would be satisfied if a direction is issued to the third respondent to consider the representations of the petitioner dated 10.03.2023 and 26.12.2023 on merits and in accordance with law.

5. Considering the limited scope of the prayer now sought for by the petitioner, 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 third respondent to consider the representations of the petitioner dated 10.03.2023 and 26.12.2023 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, after providing opportunity of hearing to the petitioner, respondents 5 to 10 and all other parties concerned.

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

[D.K.K., J.] [R.V., J.] 18.01.2024 Index : Yes / No Internet : Yes / No SJ

To 1.The District Collector, Pudukottai District, Pudukottai.

2.The Revenue Divisional Officer, Revenue Divisional Office, Alangudi Taluk, Pudukottai District.

3.The Thasildar, Tahsildar Officer, Alangudi Taluk, Pudukottai District.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

SJ 18.01.2024