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Madras High CourtWP(MD)/4870/2025disposed of

M.Sekaran v. The State Represented By

2025-02-24Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY M.Sekaran ... Petitioner vs.

1.The State represented by, The District Collector, District Collector Office, Madurai District.

2.The District Revenue Officer, The District Collector, District Collector Office, Madurai District.

3.The Regional District Officer, Velliripatti, Madurai District.

4.The Tahsildar, Madurai District.

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5.The Village Administrative Officer, Sekkipatti Village, Madurai District - 625 101.

6.R.Muthuan 7.Pothuraj 8.M.Balasubramani 9.Manimaran ... 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 5 to remove the encroachment in Survey No.619, Sub-Division Nos.16, 17, 18, 20 and 21, further in Survey No.311/3 part, Sub-Division No.311/13 by the respondents 6 to 9 at Melur Taluk, Sekkipatti Village, Madurai District restore the above said Government land as its original position and consider the petitioner's representation dated 04.01.2025.

For Petitioner : Mr.K.Natarajan For RR 1 to 5 : Mr.J.Ashok Additional Government Pleader

ORDER

(Order of the Court was made by J. NISHA BANU, J.) Even though a larger relief has been sought for by the petitioner to direct the respondents 1 to 5 to remove the encroachment in Survey No.619, 2/6

Sub-Division Nos.16, 17, 18, 20 and 21, further in Survey No.311/3 part, Sub-Division No.311/13 by the respondents 6 to 9 at Melur Taluk, Sekkipatti Village, Madurai District and to restore the above said Government land as its original position, the learned counsel appearing for the petitioner would submit that it would suffice, if a direction is issued to the respondents 1 to 5 to consider the representation of the petitioner dated 04.01.2025 and to pass appropriate orders, in accordance with law within a time frame. 2.Considering the limited relief sought for by the petitioner, notice to the respondents 6 to 9 is dispensed with.

3.The learned Additional Government Pleader appearing for the respondents 1 to 5 submitted that the representation of the petitioner will be considered on merits.

4.Considering the submissions made by the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 5, without expressing any opinion with regard 3/6

to the merits of the claim made by the petitioner, there shall be a direction to the official respondents to consider the representation submitted by the petitioner dated 04.01.2025, and pass appropriate orders on merits and in accordance with law, after giving due opportunity to the petitioner and respondents 6 to 9, within a period of twelve weeks from the date of receipt of a copy of this order. 5.With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs.

[J.N.B.,J.] & [S.S.Y.,J.] 24.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The District Collector, District Collector Office, Madurai District.

2.The District Revenue Officer, The District Collector, District Collector Office, Madurai District.

3.The Regional District Officer, Velliripatti, Madurai District.

4.The Tahsildar, Madurai District.

5.The Village Administrative Officer, Sekkipatti Village, Madurai District - 625 101.

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J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 24.02.2025 6/6