R.Arunagiri v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.1304 of 2024 R.Arunagiri ... Petitioner -Vs1.The District Collector, Collectorate, Sivagangai District-630562.

2.The Revenue Divisional Officer, Sivagangai, Sivagangai District-630562.

3.The Tahsildar, Sivagangai Taluk Office, Sivagangai.

4.The Block Development Officer, Sivagangai Panchayat Union, Sivagangai District.

5.The President, Namanur Village Panchayat, Sivagangai Taluk, Sivagangai District.

6.G.Vijayananth ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent herein to remove the 6th respondent encroachment and other encroachment made in the common path of Survey No.361/19, Namanur Village, Sivagangai Taluk, Sivagangai District and also directing the 3rd respondent to take proper action based on the petitioner's representation dated 13.12.2023 within the time fixed by this Court. For Petitioner : Mr.G.Sakthi Rao For R1 to R4 : Mr.P.Thilak Kumar, Government Pleader

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] Mr.P.Thilak Kumar, learned Government Pleader accepts notice for the respondents 1 to 4. Considering the nature of order going to be passed in this Writ Petition, notice to the respondents 5 & 6 is dispensed with. 2.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3.The petitioner's grievance is that his representation dated 13.12.2023, seeking removal of the encroachment made by the 6th respondent and others in the common pathway in Survey No.361/19, Namanur Village, Sivagangai Taluk,

Sivagangai District, has not been considered so far. Therefore, he is constrained to move the present Writ Petition.

4.Without expressing any opinion on the merits of the case, we are inclined to direct the 3rd respondent to consider the representation of the petitioner dated 13.12.2023 and pass appropriate orders on its own merits and in accordance with law, after issuing notice to the parties concerned. The said exercise shall be completed as early as possible, preferably, within a period of twelve (12) weeks from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition stands disposed of. No costs.

[D.K.K., J.] & [R.V., J.] 23.01.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

Yuva To 1.The District Collector, Collectorate, Sivagangai District-630562.

2.The Revenue Divisional Officer, Sivagangai, Sivagangai District-630562.

3.The Tahsildar, Sivagangai Taluk Office, Sivagangai.

4.The Block Development Officer, Sivagangai Panchayat Union, Sivagangai District.

W.P.(MD)No.1304 of 2024 23.01.2024