Rathinavel T v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR T.Rathinavel ... Petitioner vs.

1.The District Collector, Office of the Collectorate, theni, Theni District.

2.The Block Development Officer, Village Panchayat, Andipatty Taluk, Theni District.

3.The Tahsildar, Taluk Office, Andipatty, Theni District.

4.Ponnuthai ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made by the fourth respondent at public street in S.No.2650/28 which is situated at Sidaiyagoundanpatti Village, Andipatty Bit - II, Andipatty, Theni District by considering the petitioner's representations, dated 12.12.2022 and 29.12.2022. 1/5

For Petitioner : Mr.J.Senthil Kuaraiah For RR 1 & 3 : Mr.M.Sarangan Additional Government Pleader For R - 2 : Mr.K.Balasubramani Special Government Pleader

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) The prayer in this Writ Petition is seeking for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made by the fourth respondent at public street in S.No.2650/28, which is situated at Sidaiyagoundanpatti Village, Andipatty Bit - II, Andipatty, Theni District by considering the petitioner's representations, dated 12.12.2022 and 29.12.2022.

2. According to the petitioner, the fourth respondent had tried to put up entrance steps of her house on the public street. Hence, the petitioner made representations, dated 12.12.2022 and 29.12.2022 to the respondents 1 to 3 seeking for removal of the encroachment. Since the 2/5

same has not been considered so far, the petitioner has filed the present Writ Petition.

3. The learned counsels appearing for the respondents submitted that the representations of the petitioner, dated 12.12.2022 and 29.12.2022 would be considered on merits and in accordance with law.

4. In view of the abovesaid submission, without going into the merits of the claim made by the petitioner, the respondents 1 to 3 are directed to consider the representations of the petitioner, dated 12.12.2022 and 29.12.2022 and pass appropriate orders, on merits and in accordance with law as early as possible.

5. With the above direction, this Writ Petition is disposed of. No costs.

[D.K.K.,J.] [R.V.,J.] Index : Yes / No 27.01.2023 Internet : Yes ps 3/5

To 1.The District Collector, Office of the Collectorate, theni, Theni District.

2.The Block Development Officer, Village Panchayat, Andipatty Taluk, Theni District.

3.The Tahsildar, Taluk Office, Andipatty, Theni District.

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D.KRISHNAKUMAR ,J.

and R.VIJAYAKUMAR,J.

ps ORDER MADE IN DATED : 27.01.2023 5/5