Murugesan v. The District Collector / Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.02.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.3901 of 2025 Murugesan ... Petitioner -Vs1.The District Collector / Monitoring Committee, Pudukkottai District, Pudukkottai.

2.The Revenue Divisional Officer, Iluppur, Pudukkottai District.

3.The Tahsildar, Taluk Office, Kulathur Taluk, Pudukkottai District.

4.The Village President, Village Panchayat Office, Palandanpatty Village, Lakshmananpatti Post, Kulathur Taluk, Pudukkottai District.

5.Murugesan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment

made by the 5th respondent in Survey No.314/1A1, situated at Palandanpatty Village, Lakshmananpatti Post, Kulathur Taluk, Pudukkottai District by considering the petitioner's representation dated 25.01.2025 within the stipulated time fixed by this Court.

For Petitioner : Mr.G.Sarathkumar For R1 to R4 : Mr.J.Ashok, Additional Government Pleader

ORDER

[Order of the Court was made by J.NISHA BANU, J.] By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2.It is the grievance of the petitioner that his representation dated 25.01.2025, seeking removal of the encroachment made by the 5th respondent in Survey No.314/1A1, situated at Palandanpatty Village, Lakshmananpatti Post, Kulathur Taluk, Pudukkottai District, is kept pending till date without any progress. Therefore, he has filed this Writ Petition, seeking for a direction to the respondents 1 to 4 to remove the aforesaid encroachment made by the 5th respondent by considering his representation dated 25.01.2025.

3.Mr.J.Ashok, learned Additional Government Pleader, who takes notice on behalf of the respondents 1 to 4, submits that the representation of the petitioner would be considered and appropriate orders would be passed on its own merits within a period that may be stipulated by this Court. 4.Notice to the 5th respondent is hereby dispensed with, since no adverse order is going to be passed as against him.

5.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 this Writ Petition, we direct the respondents to consider the representation of the petitioner dated 25.01.2025, after giving sufficient opportunity of hearing to the parties concerned and pass appropriate orders on merits and in accordance with law within a period of eight [8] weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition is disposed of. No costs. [J.N.B., J.] & [S.S.Y., J.] 17.02.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The District Collector / Monitoring Committee, Pudukkottai District, Pudukkottai.

2.The Revenue Divisional Officer, Iluppur, Pudukkottai District.

3.The Tahsildar, Taluk Office, Kulathur Taluk, Pudukkottai District.

4.The Village President, Village Panchayat Office, Palandanpatty Village, Lakshmananpatti Post, Kulathur Taluk, Pudukkottai District.

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva W.P.(MD)No.3901 of 2025 17.02.2025