Alagirisamy N v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD)No.4023 of 2024 N.Alagirisamy : Petitioner Vs.
1.The District Collector, Office of the District Collector, Trichy District.
2.The Tahsildar [Monitoring Committee], Thiruverumbur Taluk Office, Thiruverumbur, Trichy District.
3.The Divisional Engineer (National Highways), National Highways Department, No.60 Highways Colony, Subramaniapuram, Trichy, Trichy District.
4.The Assistant Divisional Engineer, (National Highways), National Highways Department, NH 20 Trichy - Pudukkottai - Devakottai Road, Trichy - 620 020.
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5.The Assistant Engineer (National Highways), Thuraiyur Division, Trichy Division.
6.K.Ramya : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 5 to consider the petitioner's representation dated 21.12.2023 in accordance with law by removing the encroachment made by the sixth respondent in S.No.120/1 measuring an extent of 1308 sq.ft. Situated at Gundur Village, Thiruverumbur Taluk, Trichy District within the time stipulated by this Court.
For Petitioner : Ms.R.Durgadevi For Respondents 1 to 5 : Mr.T.Amjad Khan Government Advocate
O R D E R
************ [Order of the Court was made by D.KRISHNAKUMAR, J.] The present Writ Petition has been filed seeking for a direction to the respondents 1 to 5 to consider the petitioner's representation dated 21.12.2023 by removing the encroachment made by the sixth respondent in S.No.120/1 measuring an extent of 1308 sq.ft. situated at Gundur Village, Thiruverumbur Taluk, Trichy District.
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2.Heard Ms.R.Durgadevi, learned Counsel appearing for the petitioner and Mr.T.Amjad Khan, learned Government Advocate appearing for the respondents 1 to 5.
3.The learned Counsel for the petitioner submitted that the sixth respondent has created a forged document in respect of the property in S.No.120/1 and claiming that the said property belongs to her, she has put up illegal construction. According to the petitioner the said property is classified as 'Pudukkottai Salai and Waari' and belongs to the Highways Department. Therefore, the petitioner has sent a representation to the respondents dated 21.12.2023, for removal of the encroachment made by the sixth respondent. Since the said representation remains unattended till date, the petitioner has come up with the present Writ Petition. 4.Considering the nature of the prayer sought for by the petitioner, this Court without going into the merits of the matter, directs the third respondent to consider the representation of the petitioner dated 21.12.2023 and pass appropriate orders as early as possible within a period of twelve [12] weeks from the date of receipt of a copy of this order, after providing opportunity to the parties concerned.
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5.With the aforesaid direction, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
[D.K.K.,J.] & [R.V.,J.] 22.02.2024 Index : Yes/No Internet : Yes/No MR 4/6
To 1.The District Collector, Office of the District Collector, Trichy District.
2.The Tahsildar [Monitoring Committee], Thiruverumbur Taluk Office, Thiruverumbur, Trichy District.
3.The Divisional Engineer (National Highways), National Highways Department, No.60 Highways Colony, Subramaniapuram, Trichy, Trichy District.
4.The Assistant Divisional Engineer, (National Highways), National Highways Department, NH 20 Trichy - Pudukkottai - Devakottai Road, Trichy - 620 020.
5.The Assistant Engineer (National Highways), Thuraiyur Division, Trichy Division.
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D.KRISHNAKUMAR, J.
and R.VIJAYAKUMAR, J.
MR ORDER MADE IN 22.02.2024 6/6