S.Pannerselvam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P(MD)No.2523 of 2025 S.Paneerselvam ... Petitioner vs.

1.The District Collector, Virudhunagar, Virudhunagar District.

2.The Tahsildar, Srivilliputhur Taluk, Virudhunagar District.

3.The Block Development Officer, Srivilliputhur, Virudhunagar District.

4.The Deputy Director of Town and Country planning, Virudhunagar Region, Virudhunagar District.

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5.T.Solaiappan 6.G.Ramakrishnan 7.The Special Officer/Secretary, Athikulam Deivendri Village Panchayat, Srivilliputhur Tauk, Virudhunagar District.

... 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 4 to remove the encroachment made by the respondents 5 to 7 in S.No.12/20 in Deivendri Village, Srivilliputhur Taluk, Virudhunagar District, by considering the petitioner's representation dated 30.12.2024 and pass orders on merits and in accordance with law within the period that may be stipulated by this Court. For Petitioner : Mr.E.Mareeskumar For RR 1 to 4 : Mrs.D.Farjana Ghoushia Special 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 4 to remove the encroachment made by the respondents 5 to 7 in S.No.12/20 in Deivendri Village, Srivilliputhur Taluk, Virudhunagar District, the learned counsel appearing for the petitioner would submit that it would suffice, if a direction is issued to the respondents 1 to 4 to consider the representation of the petitioner dated 30.12.2024 and to pass appropriate orders, in accordance with law within a time frame. 2/6

2.Considering the limited relief sought for by the petitioner, notice to the respondents 5 to 7 is dispensed with.

3.The learned Special Government Pleader appearing for the respondents 1 to 4 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 Special Government Pleader appearing for the respondents 1 to 4, without expressing any opinion with regard to the merits of the claim made by the petitioner, there shall be a direction to the respondents 1 to 4 to consider the representation submitted by the petitioner dated 30.12.2024, and pass appropriate orders on merits and in accordance with law, after giving due opportunity to the petitioner as well as respondents 5 to 7 and other persons, who may be affected with the final decision to be taken on the said representation, within a period of eight weeks from the date of receipt of a copy of this order.

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5.With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. [J.N.B.,J.] & [L.V.G.,J.] 10.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The District Collector, Virudhunagar, Virudhunagar District.

2.The Tahsildar, Srivilliputhur Taluk, Virudhunagar District.

3.The Block Development Officer, Srivilliputhur, Virudhunagar District.

4.The Deputy Director of Town and Country planning, Virudhunagar Region, Virudhunagar District.

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J.NISHA BANU , J.

and L.VICTORIA GOWRI, J.

ps ORDER MADE IN DATED : 10.02.2025 6/6