Madras High CourtWP(MD)/4528/2021disposed of

Ayyanar.A v. The Dist Collector

2021-03-04Honourable The Chief Justice,Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2021 CORAM :

The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE AND The Hon'ble Mrs JUSTICE R.HEMALATHA A.Ayyanar .. Petitioner Vs

1. The District Collector, Collectorate Complex, Sivagangai.

2. The District Revenue Officer, Collectroate, Sivagangai.

3. The Revenue Divisional Officer, Revenue Divisional Office, Sivagangai.

4. The Tahsildar, Thasildar Office, Sivaganai District.

5. The Village Administrative Officer, Kumarapatti Group, Thamarakki Post, Sivagangai District.

6.Malaichamy .. Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus, directing the respondents 1 to 5 to remove the encroachment made by the 6th respondent in the public pathway situated in Survey No.212/40, Kumarapatti Village, Thamarakki Post, Sivagangai Taluk and Sivagangai District by considering the petitioner's representation dated 19.10.2020. For Petitioner : Ms.D.Deepamathi, For respondent Nos. 1 to 5 : Mr.R.Muruga Raj, Government Advocate

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner complains of a public pathway in Survey No.212/40, Kumarapatti Village, Thamarakki Post, Sivagangai Taluk, Sivagangai District to have been encroached by the sixth respondent.

2.Without going into the veracity of the grievance, the fourth respondent Tahsildar is directed to consider the petitioner's representation, to be made within a fortnight from date, in appropriate perspective upon affording all persons likely to be affected thereby a reasonable opportunity of hearing. The speaking order of the fourth respondent should be reached to the persons affected and the petitioner within eight weeks of receipt of the petitioner's written representation.

3.W.P(MD)No.4528 of 2021 is disposed of without any order as to costs.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS ) Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To: