M.Subbulakshmi v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.4802 of 2025 M.Subbulakhsmi ... Petitioner -Vs1.The Tahsildar, Srivilliputhur Taluk, Srivilliputhur, Virudhunagar District.

2.The Commissioner, Srivilliputhur Municipality, Srivilliputhur, Virudhunagar District.

3.R.Radha ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to conduct an enquiry and remove the unauthorized construction made by the 3rd respondent in the pathway situated in Ward-3, Block-10, T.S.Nos.1072/1, 1074/2 and 1074/3, Perumalpatti Thropathiamman Kovil Street, Srivilliputhur, Virudhunagar District based on the petitioner's representation dated 06.01.2025 within the time limit that may be stipulated by this Court.

For Petitioner : Mr.M.Mohanasundaram For R1 : Mr.S.S.Madhavan, 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 her representation dated 06.01.2025, seeking removal of the unauthorized construction made by the 3rd respondent in the pathway situated in Ward-3, Block-10, T.S.Nos.1072/1, 1074/2 and 1074/3, Perumalpatti Thropathiamman Kovil Street, Srivilliputhur, Virudhunagar District, is kept pending till date without any progress. Therefore, she has filed this Writ Petition, seeking for a direction to the 2nd respondent to conduct an enquiry and remove the aforesaid unauthorized construction made by the 3rd respondent.

3.Mr.S.S.Madhavan, learned Additional Government Pleader takes notice for the 1st respondent.

4.Considering the nature of order proposed to be passed in this petition, notice to the respondents 2 and 3 is dispensed with. 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 2nd respondent to consider the representation of the petitioner dated 06.01.2025, after giving sufficient opportunity of hearing to all the parties concerned 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.

6.With the above direction, this Writ Petition is disposed of. No costs. [J.N.B., J.] & [S.S.Y., J.] 21.02.2025 NCC : Yes / No Index : Yes / No Yuva

To The Tahsildar, Srivilliputhur Taluk, Srivilliputhur, Virudhunagar District.

Copy to The Commissioner, Srivilliputhur Municipality, Srivilliputhur, Virudhunagar District.

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva W.P.(MD)No.4802 of 2025 21.02.2025