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Madras High CourtWP(MD)/4953/2025disposed of

Pushparaj v. The District Collector

2025-02-25Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2025

CORAM:

THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY Pushparaj

...Petitioner

-Vs1.The District Collector, District Collector's Office Campus, Pudukkottai District.

2.The Revenue Divisional Officer, Pudukkottai.

3.The Tahsildar, Gandharvakottai Taluk, Pudukkottai District.

4.Karuppaiah 5.Thirumeni

...Respondents

PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the first to third respondents to remove the encroachments made by the fourth and fifth respondents in Survey No.138/10 is classified as Natham Government Poramboke to an extent of 50.5 Ares situated Kendaiyanpatti, Thoovar Village, Gandharvakottai Taluk, Pudukkottai District in the light of the second respondents proceedings dated 06.11.2024 in O.Mu.2490003/2024/E1. 1/5

For Petitioner : Mr.R.Paranjothi For R1 to R3 : Mr.P.Thilak Kumar Government Pleader

ORDER

(Order of the Court was made by J.NISHA BANU, J.) Heard Mr.R.Paranjothi, learned counsel appearing for the petitioner, Mr.P.Thilak Kumar, learned Government Pleader for respondents 1 to 3. Considering the nature of the order proposed to be passed in this writ petition, notice to the respondents 4 and 5 is dispensed with. 2.By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3.The petitioner claims that the petitioner has sent representation to the first to third respondents dated 15.10.2024 seeking to remove the encroachment made by the fourth and fifth respondents in the petition mentioned property. But till today, the representation of the petitioner is kept pending without any progress.

4.The learned counsel for the petitioner would further submit that though the petitioner has sought for a larger relief in this writ petition, he would 2/5

be satisfied if a direction is issued to the respondents 1 to 3 to consider and dispose of the representation of the petitioner dated 15.10.2024, in accordance with law, within a time frame.

5.Considering the limited scope of the prayer now 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 the Writ Petition, this Writ Petition is disposed of with a direction to the respondents 1 to 3 to consider the representation of the petitioner dated 15.10.2024 by giving opportunity of hearing to the private respondents 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. No costs. Consequently, connected miscellaneous petition is closed.

(J.N.B.,J.) (S.S.Y.,J.) 25.02.2025 Index : Yes/No Internet : Yes/No ta 3/5

To 1.The District Collector, District Collector's Office Campus, Pudukkottai District.

2.The Revenue Divisional Officer, Pudukkottai.

3.The Tahsildar, Gandharvakottai Taluk, Pudukkottai District.

4/5

J. NISHA BANU,J.

and S.SRIMATHY.J ta 25.02.2025 5/5