S.Shanmugeshwari v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.02.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.3953 of 2025 S.Shanmugeshwarwi ... Petitioner -Vs1.The District Collector, Office of the District Collector, Virudhunagar District.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sattur, Virudhunagar District.
3.The Tahsildar, Rajapalayam Taluk Office, Rajapalayam, Virudhunagar District.
4.The Inspector of Police, Thalavaipuram Police Station, Rajapalayam, Virudhunagar District.
5.A.Arumuga Nayinar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachments
made by the 5th respondent in the common pathway comprised in S.No.77/15F and 77/8 situated at Nallamangalam Village, Rajapalayam Taluk, Virudhunagar District by considering the petitioner's representation dated 14.10.2024 and 26.11.2024 within the time stipulated by this Court. For Petitioner : Mr.C.Gangai Amaran For R1 to R3 : Mr.J.Ashok, Additional Government Pleader For R4 : Mr.A.Albert James, Government Advocate
ORDER
[Order of the Court was made by J.NISHA BANU, J.] By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
2.It is the grievance of the petitioner that her representations dated 14.10.2024 and 26.11.2024, seeking removal of the encroachment made by the 5th respondent in the common pathway comprised in S.No.77/15F and 77/8 situated at Nallamangalam Village, Rajapalayam Taluk, Virudhunagar District, is kept pending till date without any progress. Therefore, she has filed this Writ Petition, seeking for a direction to the respondents 1 to 4 to remove the aforesaid
encroachment made by the 5th respondent by considering her representations dated 14.10.2024 and 26.11.2024.
3.Mr.J.Ashok, learned Additional Government Pleader, who takes notice on behalf of the respondents 1 to 3, submits that the representations of the petitioner would be considered and appropriate orders would be passed on its own merits within a period that may be stipulated by this Court. 4.Mr.A.Albert James, learned Government Advocate takes notice for the 4th respondent. Notice to the 5th respondent is hereby dispensed with, since no adverse order is going to be passed as against him. 5.Considering the limited scope of the prayer sought for by the petitioner, without expressing any opinion on the merits of the claim made by the petitioner either in the representation or in the affidavit filed in support of this Writ Petition, we direct the respondents to consider the representations of the petitioner dated 14.10.2024 and 26.11.2024, after giving sufficient opportunity of hearing to the parties concerned and pass appropriate orders on merits and in accordance with law within a period of eight [8] weeks from the date of receipt of a copy of this order.
6.With the above direction, this Writ Petition is disposed of. No costs. [J.N.B., J.] & [S.S.Y., J.] 17.02.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The District Collector, Office of the District Collector, Virudhunagar District.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sattur, Virudhunagar District.
3.The Tahsildar, Rajapalayam Taluk Office, Rajapalayam, Virudhunagar District.
4.The Inspector of Police, Thalavaipuram Police Station, Rajapalayam, Virudhunagar District.
J.NISHA BANU, J.
AND S.SRIMATHY , J.
Yuva W.P.(MD)No.3953 of 2025 17.02.2025