Marimuthu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.1747 of 2024 and W.M.P.(MD)No.1784 of 2024 Marimuthu ... Petitioner -Vs1.The District Collector, Dindigul-District, Dindigul.

2.The Revenue Divisional Officer, Dindigul Revenue Division, Dindigul-District.

3.The Tahsildar, Dindigul West Taluk, Dindigul District.

4.The Commissioner, Reddiarchatram Panchayat Union, Dindigul-District.

5.The President Ponnimandurai Panchayat, Reddiarchatram Panchayat Union, Dindigul-District.

6.K.Moorthi ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachments made by the 6th respondent in the property in S.No.890/1 and 890/16, in Rayarpatti in Sindalagundu Revenue Village in Ponnimandurai Panchayat in Reddiarchatram Panchayat Union in Dindigul District which has been done partly removed already and to complete the removal of encroachment, as per the representations dated 27.03.2023 and 31.07.2023 within a time frame. For Petitioner : Mr.F.X.Eugene For R1 to R3 : Mr.P.Thilak Kumar, Government Pleader

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] Mr.P.Thilak Kumar, learned Government Pleader takes notice on behalf of the respondents 1 to 3. Considering the nature of order going to be passed in this Writ Petition, notice to the respondents 4 to 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 27.03.2023, seeking removal of the encroachment made by the 6th respondent in the public

pathway, has not been considered so far. Hence, he is restrained to move the present Writ Petition.

4.Considering the nature of prayer sought for by the petitioner, without going into the merits of the case, we direct the 3rd respondent to consider the representation of the petitioner dated 27.03.2023 and pass appropriate orders on its own merits and in accordance with law, after providing opportunity to the petitioner as well as the 6th respondent and any other interested parties. 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. Consequently, connected miscellaneous petition is closed. [D.K.K., J.] & [R.V., J.] 30.01.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

Yuva To 1.The District Collector, Dindigul-District, Dindigul.

2.The Revenue Divisional Officer, Dindigul Revenue Division, Dindigul-District.

3.The Tahsildar, Dindigul West Taluk, Dindigul District.

W.P.(MD)No.1747 of 2024 30.01.2024