Lakshmi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2025

CORAM:

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

1.The District Collector, District Collector Office, Tenkasi District.

2.The Tahsildar, Sivagiri Taluk, Tenkasi District.

3.Vasantha 4.Ravikumar 5.Satheeshkumar ... 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 and 2 herein to remove the encroachment made by the respondents 3 to 5 in the pathway in S.F.No.1572/26 situated at Viswanathaperi Village, Sivagiri Taluk, Tenkasi District based on the petitioner's representation dated 30.08.2024. 1/6

For Petitioner : Mr.M.Prabu For RR 1 & 2 : Mr.J.Ashok Additional Government Pleader

ORDER

(Order of the Court was made by J. NISHA BANU, J.) The petitioner has filed the present Writ Petition for a direction directing the respondents 1 and 2 herein to remove the encroachment made by the respondents 3 to 5 in the pathway in S.F.No.1572/26 situated at Viswanathaperi Village, Sivagiri Taluk, Tenkasi District based on the petitioner's representation dated 30.08.2024.

2.Considering the limited relief sought for by the petitioners, notice to the respondents 3 to 5 is dispensed with.

3.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 and 2. 2/6

4.The learned Additional Government Pleader appearing for the respondents 1 and 2 submitted that the representation of the petitioner will be considered on merits.

5.Considering the submissions made by the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 and 2, 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 and 2 to consider the representation submitted by the petitioner dated 30.08.2024, and pass appropriate orders on merits and in accordance with law, after giving due opportunity to the petitioner as well as other persons, who may be affected with the final decision to be taken on the said representation, within a period of twelve weeks from the date of receipt of a copy of this order.

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6.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.] 19.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

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

2.The Tahsildar, Sivagiri Taluk, Tenkasi District.

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J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 19.02.2025 6/6