Muthusamy, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI W.P.(MD) No.5455 of 2018 Muthusamy ... Petitioner -vs1.The District Collector, Pudukottai District, Pudukottai.

2.The Revenue Inspector, Office of the Revenue Inspector, Karambakudi Post, Pudukottai Taluk, 3.The Tahsildar, Tahsildar Office, Karambakudi Village, Pudukottai Taluk, 4.The Village Administrative Officer, Office of the VAO, Keerathur Village, Karambakudi Taluk, 5.The Taluk Surveyor, Taluk Office, Karambakudi Taluk, 6.Punniyamoorthy 7.Vivekanandan 8.Thirumurugan 9.Kumarappan 10.Gnanasekaran ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, to direct the respondents 1 to 5

to remove the encroachment made by the respondents 6 to 10 in Mela Street, Keerathur Village and post, Karambakudi Taluk, Pudukottai District by considering the representation of the petitioner dated 09.02.2018.

For Petitioner :

Mr.N.Kamesh For Respondents :

Mr.M.Pandiarajan, A.G.P.

For RR 1 to 5

O R D E R

(Order of the Court was made by T.S.SIVAGNANAM, J.) Heard Mr.N.Kamesh, learned counsel appearing for the petitioner and Mr.M.Pandiarajan, learned Additional Government Pleader appearing for the respondents 1 to 5.

2.The petitioner seeks for a direction upon the official respondents to remove the alleged encroachment in a public pathway said to have been made by the respondents 6 to 10. We find, the representation is dated 09.02.2018 received by the official respondents on 12.02.2018 as could be seen from the tracking information. The petitioner has not enclosed any documents to establish before us that the area in question is classified as a pathway. That apart, without even giving reasonable time for the officials to act on the representation, the petitioner has approached this Court.

3.Therefore, at this juncture, we are not inclined to issue any direction to the respondents, but, give liberty to the petitioner to pursue his representation before the authorities, which shall be considered in accordance with law, after notice to all concerned. 4.This writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS-III) /True copy/ Sub Assistant Registrar To 1.The District Collector, Pudukottai District, Pudukottai.

2.The Revenue Inspector, Office of the Revenue Inspector, Karambakudi Post, Pudukottai Taluk,

3.The Tahsildar, Tahsildar Office, Karambakudi Village, Pudukottai Taluk, 4.The Village Administrative Officer, Office of the VAO, Keerathur Village, Karambakudi Taluk, 5.The Taluk Surveyor, Taluk Office, Karambakudi Taluk, +1CC TO M/S.N.KAMESH, ADVOCATE, SR NO.56080 +1CC TO SPECIAL GOVERNMENT PLEADER, SR NO.55957 W.P.(MD) No.5455 of 2018 15.03.2018 Arul MS/SV-MMS/SAR-1/04.04.2018/3P.8C