Gnanasambandhan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2025

CORAM:

THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY Gnanasambandhan

...Petitioner

-Vs1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Tahsildar, 3.The Block Development Officer, 4.The President, Manur Village Panchayat, Manur, Tirunelveli District.

5.Kamaliyel Jeyashankar 6.Veldurai

...Respondents

PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents 1 to 4 1/5

to remove the encroachment made by the respondents 5 & 6 in S.No.613/5 & 614 in Manur Village, Tirunelveli District within a time period stipulated by this Court or in alternative to direct the respondents 1 to 4 to take the possession of the Valluvar Mahal situated in S.No.613/5 & 614, Manur Village, Tirunelveli District and administer the same and to use it for the benefit of the common public.

For Petitioner : Mr.G.Prabhu Rajadurai For R1 to R4 : Mr.P.Thilak Kumar Government Pleader For R5 & R6 : Mr.D.Venkatesh

ORDER

(Order of the Court was made by J.NISHA BANU, J.) This writ petition is filed seeking a direction to the respondents 1 to 4 to remove the encroachment made by the respondents 5 & 6 in S.No.613/5 & 614 in Manur Village, Tirunelveli District.

2.The petitioner claims that he has made a representation dated 07.11.2022 to the respondents seeking to remove the encroachment made by respondents 5 and 6 in the government poramboke land. But till today, the representation of the petitioner is kept pending without any progress. 3.The learned Government Pleader appearing on behalf of the respondents 1 to 4, submits that the representation of the petitioner would be 2/5

considered and appropriate orders would be passed in accordance with law within a period that may be stipulated by this Court. 4.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 the Writ Petition, this Writ Petition is disposed of with a direction to the fourth respondent to consider the representation of the petitioner dated 07.11.2022 by giving an opportunity of hearing to the petitioner as well as the respondents 5 and 6 and pass appropriate orders on merits and in accordance with law within a period of twelve [12] weeks from the date of receipt of a copy of this order. No costs.

(J.N.B.,J.) (S.S.Y.,J.) 01.04.2025 Index:Yes/No Internet : Yes/No ta To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Tahsildar, 3/5

3.The Block Development Officer, 4.The President, Manur Village Panchayat, Manur, Tirunelveli District.

4/5

J. NISHA BANU,J.

and S.SRIMATHY.J ta 01.04.2025 5/5