Seethalakshmi @ Annammal v. The Dist. Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Seethalakshmi @ Annammal ... Petitioner -vs1.The District Collector Madurai District 2.The Revenue Divisional Officer Madurai District 3.The Tahsildar Vadipatti Taluk Madurai District 4.The Executive Officer Vadipatti Taluk Madurai District 5.Ulaganathan 6.Pandi 7.Panjuveeran ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to consider the representation of the petitioner dated 31.08.2020 and remove the encroachment made by the respondents 5 to 7 in the public pathway situated in S.No.270/20 at Thathampatti Village, Vadipatti Taluk, Madurai District, within the time frame.

For Petitioner :

Mr.H.Arumugam For Respondents :

Mr.S.P.Maharajan Special Government for R1 to R3 Mr.M.Thilagar for R4 Mr.M.Ponniah for R5 to R7

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] The prayer in this writ petitioner is for issuance of a writ of mandamus directing the official respondents to consider the petitioner's representation dated 31.08.2020 and remove the encroachment made by the respondents 5 to 7 in the public pathway situated in Survey No.270/20 of Thathampatti Village, Vadipatti Taluk, Madurai District, within the time frame.

2. The grievance of the petitioner is that though she made a representation to the respondents 1 to 4 as early as on 31.08.2020 seeking removal of the encroachment made by the private respondents in the aforesaid survey number, till date the same has not been considered.

3. The learned Special Government Pleader appearing for the respondents 1 to 3, on instructions, submitted that the petitioner's representation dated 31.08.2020 would be considered and appropriate action would be taken in accordance with law.

4. In view of the above, without going into the merits of the claim made by the petitioner, the respondents 1 to 4 are directed to consider the petitioner's representation dated 31.08.2020 and pass appropriate orders, if not already disposed of, on merits and in accordance with law. If there is any encroachment as pointed out by the petitioner, the same shall be removed, after giving due notice to all the parties concerned and by following due process of law, within a period of eight (8) 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.

[R.M.D., J.] [J.S.N.P., J.] 26.10.2022 Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Madurai District.

2.The Revenue Divisional Officer, Madurai District.

3.The Tahsildar, Vadipatti Taluk, Madurai District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk 26.10.2022