D.Shanmugam v. The District Collector / Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY D.Shanmugam ... Petitioner vs.

1.The District Collector/Monitoring Committee, Dindigul District, Dindigul.

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

3.The Tahsildar, Natham Taluk, Dindigul District.

4.The Block Development Officer, Natham Panchayat Union, Natham, Dindigul District.

5.Ramu ... Respondents 1/6

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 4 to remove the encroachment made by the fifth respondent in Survey No.791/12 at Punnapatti, Natham Taluk, Dindigul District.

For Petitioner : Mr.C.Mayil Vahana Rajendran For RR 1 to 3 : Mr.S.S.Madhavan Additional Government Pleader For R - 4 : Mr.J.Ashok Additional 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 4 to remove the encroachment made by the fifth respondent in Survey No.791/12 at Punnapatti, Natham Taluk, Dindigul District, the learned counsel appearing for the petitioner would submit that it would suffice, if a direction is issued to the respondents 1 to 4 to consider the representation of the petitioner dated 27.01.2025 and to pass appropriate orders, in accordance with law within a time frame.

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

3.The learned Additional Government Pleader appearing for the respondents 1 to 3 and the learned Additional Government Pleader appearing for the fourth respondent 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, the learned Additional Government Pleader appearing for the respondents 1 to 3 and the learned Additional Government Pleader appearing for the fourth respondent, 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 27.01.2025, and pass appropriate orders on merits and in accordance with law, after giving due opportunity to the petitioner and fifth respondent, within a period of twelve weeks from the date of receipt of a copy of this order.

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5.With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs.

[J.N.B.,J.] & [S.S.Y.,J.] 24.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The District Collector/Monitoring Committee, Dindigul District, Dindigul.

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

3.The Tahsildar, Natham Taluk, Dindigul District.

4.The Block Development Officer, Natham Panchayat Union, Natham, Dindigul District.

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J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 24.02.2025 6/6