V.Marimuthu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY V.Marimuthu ... Petitioner vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Tirunelveli, Tirunelveli District.

3.The Tahsildar, Ambasamudram Taluk, Tirunelveli District.

4.Ambai Arts College, Represented by its Secretary, Ambasamudram, Tirunelveli District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 3 to 1/6

remove the encroachment made by the fourth respondent College by putting up compound wall in Survey No.353/1A2, situated at Keela Amabasmudram, Ambasamudram Taluk, Tirunelveli District, by considering the petitioner's representation, dated 23.12.2024 within the stipulated time fixed by this Court. For Petitioner : Mr.V.Karuna For RR 1 to 3 : Mrs.D.Farjana Ghoushia Special Government Pleader

ORDER

(Order of the Court was made by J. NISHA BANU, J.) Even though a larger relief has been sought for by the petitioner to direct the respondents 1 to 3 to remove the encroachment made by the fourth respondent College by putting up compound wall in Survey No.353/1A2, situated at Keela Amabasmudram, Ambasamudram Taluk, Tirunelveli District, by considering the petitioner's representation, dated 23.12.2024 within the stipulated time fixed by this Court, the learned counsel appearing for the petitioner would submit that it would suffice, if a direction is issued to the respondents 1 to 3 to consider the representation of the petitioner dated 23.12.2024 and to pass appropriate orders, in accordance with law within a time frame. 2/6

2.Considering the limited relief sought for by the petitioner, notice to the fourth respondent is dispensed with.

3.The learned Special Government Pleader appearing for the respondents 1 to 3 submitted that the representation of the petitioner will be considered on merits.

4.Considering the submissions made by the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents 1 to 3, without expressing any opinion with regard to the merits of the claim made by the petitioner, there shall be a direction to the official respondents to consider the representation submitted by the petitioner dated 23.12.2024, and pass appropriate orders on merits and in accordance with law, after giving due opportunity to the petitioner and fourth respondent, within a period of twelve weeks from the date of receipt of a copy of this order. 3/6

5.With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs. Registry is directed to send a copy of this order to the fourth respondent.

[J.N.B.,J.] & [S.S.Y.,J.] 03.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Tirunelveli, Tirunelveli District.

3.The Tahsildar, Ambasamudram Taluk, Tirunelveli District.

Copy To:

4.Ambai Arts College, Represented by its Secretary, Ambasamudram, Tirunelveli District.

5/6

J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 03.03.2025 6/6