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Madras High CourtWP(MD)/4460/2025disposed of

C.Perumal v. The District Collector

2025-02-19Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.4460 of 2025 C.Perumal ... Petitioner -Vs1.The District Collector, Office of the District Collectorate, 2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Palani, Dindigul District.

3.The Block Development Officer, Office of the Block Development Officer, Guziliamparai, Dindigul District.

4.The Tahsildar, Office of the Tahsildar, Guziliamparai Taluk, Dindigul District.

5.The Revenue Inspector, Office of the Revenue Inspector, Nagayakottai Village, Kovilur Firka,

6.The Village Administrative Officer, Office of the Village Administrative Officer, Nagaya Kottai, Dindigul District.

7.Sevanammal 8.Mokkaithai 9.Jeyaraj 10.Pandi Durai ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 6 to remove the encroachment made by the respondents 7 to 10 upon Survey No.574/4 (poramboke) at Nagayakottai Village, Eriyodu Post, Guziliamparai Taluk, Dindigul District and to ensure the public pathway and removal of encroachment by considering the petitioner's representation dated 27.08.2024 and 15.10.2024 within the time stipulated by this Court.

For Petitioner : Mr.A.Mohamed Riyaz For R1, R2, R4 : Mr.J.Ashok, to R6 Additional Government Pleader For R3 : Mr.M.Sarangan, 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 his representations dated 27.08.2024 and 15.10.2024, seeking removal of the encroachment made by the respondents 7 to 10 in Survey No.574/4 (poramboke) at Nagayakottai Village, Eriyodu Post, Guziliamparai Taluk, Dindigul District, are kept pending till date without any progress. Therefore, he has filed this Writ Petition, seeking for a direction to the respondents 1 to 6 to remove the encroachments made by the respondents 7 to 10 by considering his representations dated 27.08.2024 and 15.10.2024.

3.Mr.J.Ashok, learned Additional Government Pleader, who takes notice on behalf of the respondents 1, 2, 4 to 6 and Mr.M.Sarangan, learned Additional Government Pleader, who takes notice on behalf of the 3rd respondent, submit that the representations of the petitioner would be considered and appropriate orders would be passed on its own merits within a period that may be stipulated by this Court.

4.Notice to the respondents 7 to 10 is hereby dispensed with, since no adverse order is going to be passed as against them.

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 representations or in the affidavit filed in support of this Writ Petition, we direct the official respondents to consider the representations of the petitioner dated 27.08.2024 and 15.10.2024, 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.] 19.02.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The District Collector, Office of the District Collectorate, 2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Palani, Dindigul District.

3.The Block Development Officer, Office of the Block Development Officer, Guziliamparai, Dindigul District.

4.The Tahsildar, Office of the Tahsildar, Guziliamparai Taluk, Dindigul District.

5.The Revenue Inspector, Office of the Revenue Inspector, Nagayakottai Village, Kovilur Firka, 6.The Village Administrative Officer, Office of the Village Administrative Officer, Nagaya Kottai, Dindigul District.

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva W.P.(MD)No.4460 of 2025 19.02.2025