Jeyaraj v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2025 CORAM :
THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and WMP(MD)No.3235 of 2024 Jeyaraj ... Petitioner vs.
1. The District Collector, Karur District, Karur.
2. The Revenue Divisional Officer, Karur District.
3. The Thasildar, Pugalur Taluk, Karur District.
4. The Block Development Officer, K.Paramathi Panchayat Union, Karur.
5. The President, Munnoor Panchayat, Munnoor Village, Karur District.
6. The Village Administrative Officer, Munnoor Village, Karur District.
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7. Thangaraj ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 2 to 6 to take appropriate action to demolish an unauthorized construction made by the 7th respondent in S.No.420/49A of Munnoor Village and consequently direct the respondents 1 to 6 to restore the common public well in S.No.420/49A for use of the Munnoor people within a time frame fixed by this Hon'ble Court For Petitioner : Mr.S..Sukumar For R1 to R4 & R6 : Mr.J.Ashok Additional Government Pleader For R5 & R7 : No appearance
ORDER
(Order of the Court was made by J.NISHA BANU, J.) The prayer in this writ petition is for issuance of a Writ of Mandamus, directing the respondents 2 to 6 to take appropriate action to demolish an unauthorized construction made by the 7th respondent in S.No.420/49A of Munnoor Village and consequently direct the respondents 1 to 6 to restore the common public well in S.No.420/49A for use of the Munnoor people within a time frame fixed by this Hon'ble Court.
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2.
Though the petitioner sought for the abovesaid prayer, today, when the writ petition was taken up for hearing, learned counsel appearing for the petitioner submitted that it is suffice if a direction is issued to the official respondents and consider and dispose of the petitioner's representation dated 11.01.2024 within a time frame. 3.
Learned Additional Government Pleader appearing for the official respondents submitted that the representation of the petitioner dated 11.01.2024 would be considered and appropriate orders would be passed on its own merits within a time frame that may be stipulated by this Court.
4.
Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents 1 to 5. Though the private respondents 6 and 7 have been served, there is no appearance on their behalf either by themselves or through counsel. Since no adverse order is going to be passed against the private respondents, this Court is inclined to dispose of this writ petition.
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5.
In the light of the above observations, there shall be a direction to the official respondents to consider the petitioner's representation dated 11.01.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, private respondent, as well as all other persons, who may be interested in the subject property, within a period of three months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the concerned respondents to consider the same on its own merits.
6.
With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. [J.N.B, J.] [S.S.Y, J.] 28.02.2025 Index : Yes / No bala 4/6
To
1. The District Collector, Karur District, Karur.
2. The Revenue Divisional Officer, Karur District.
3. The Thasildar, Pugalur Taluk, Karur District.
4. The Block Development Officer, K.Paramathi Panchayat Union, Karur.
5. The President, Munnoor Panchayat, Munnoor Village, Karur District.
6. The Village Administrative Officer, Munnoor Village, Karur District.
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J.NISHA BANU, J.
AND S.SRIMATHY, J.
bala ORDER MADE IN DATED : 28.02.2025 6/6