Mohamed Abdul Kathar.M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.2477 of 2024 M.Mohamed Abdul Kathar ... Petitioner -Vs1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Manapparai Taluk, Trichy District.

3.The Block Development Officer, Vaiyampatti Panchayat Union, Trichy District.

4.The President, Iyanreddiapatti Village Panchayat, Iyanreddiapatti, Manapparai Taluk, Trichy District.

5.Subramaniyan 6.Lalitha 7.Sathish Kannan ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment in the public mud road which runs through Survey Nos.51/6, 52/1, 53/1 and 54 made by the respondents 5 to 7 situated at Iyanreddiapatti Village, Manapparai Taluk, Trichy District based on the petitioner's representation dated 10.01.2024 and 29.01.2024 and for other reliefs.

For Petitioner : Mr.A.Sheik Nasurdeen For R1 & R2 : Mr.N.Satheeshkumar Additional Government Pleader For R3 & R4 : Mr.T.Amjadkhan Government Advocate

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] This writ petition was filed to direct the respondents 1 to 3 to remove the encroachment in the public mud road which runs through Survey Nos.51/6, 52/1, 53/1 and 54 made by the respondents 5 to 7 situated at Iyanreddiapatti Village, Manapparai Taluk, Trichy District based on the petitioner's representations dated 10.01.2024 and 29.01.2024 and for other reliefs.

2.Mr.N.Satheeshkumar, learned Additional Government Pleader takes notice for the respondents 1 & 2 and Mr.T.Amjadkhan, Government Advocate takes notice for the third and fourth respondents. Considering the nature of order going to be passed, notice to the respondents 5 to 7 is dispensed with. By consent of both parties, this writ petition is taken up for final disposal at the time of admission itself.

3.With the grievance that the representations of the petitioner dated 10.01.2024 and 29.01.2024 seeking to remove the encroachment in the petition mentioned property, this writ petition is filed. 4.Considering the nature of prayer sought for by the petitioner in this writ petition, without expressing any opinion on the merits of the matter, this Court directs the officials concerned to consider the representations of the petitioner dated 10.01.2024 and 29.01.2024 and pass appropriate orders on its own merits and in accordance with law after providing opportunities to the parties concerned 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 is disposed of. No costs. [D.K.K., J.] & [R.V., J.] 07.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No ta To 1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Manapparai Taluk, Trichy District.

3.The Block Development Officer, Vaiyampatti Panchayat Union, Trichy District.

4.The President, Iyanreddiapatti Village Panchayat, Iyanreddiapatti, Manapparai Taluk, Trichy District.

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

ta W.P.(MD)No.2477 of 2024 07.02.2024