S.Murugan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.02.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.5104 of 2025 S.Murugan ... Petitioner -Vs1. The District Collector, Office of Collectorate, Tenkasi District.

2. The Tahsildar, Office of Sengottai Taluk, Sengottai 627 809.

3. The Deputy Tahsildar, Office of Sengottai Taluk, Sengottai 627 809.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to take action so as to remove the encroachments made thereon in the lands pertaining to 2-C Patta in respect of Survey Nos. 1048/2, Sengottai Keelur Village, Sengottai Taluk and Tenkasi District, and to disconnect electricity service connections availed in the buildings / encroachments thereon as per the Executive Order of the second respondent in No. Na.Ka.AA1.222-2022 dated 08/10/2023, thereby considering the

representation of the petitioner dated 23/10/2024, within a timeframe as may be fixed by this Court, by allowing the above writ petition. For Petitioner : Mr.G.Aravinthan for M/s.Arun Legal Consultancy For Respondents : Mr.P.Thilak Kumar 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 representation dated 23.10.2024, seeking removal of the encroachment made in Survey No. 1048/2 situated at Sengottai Keelur Village, Sengottai Taluk and Tenkasi District, and to disconnect electricity service connections availed in the buildings / encroachments, is kept pending till date without any progress. Therefore, he has filed this writ petition, seeking for a direction to the respondents to consider his representation dated 23.10.2024.

3. Mr.P.Thilak Kumar, learned Government Pleader, who takes notice on behalf of the respondents submits that the representation 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. 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 representation or in the affidavit filed in support of this writ petition, we direct the respondents to consider the representation of the petitioner dated 23.10.2024, after giving sufficient opportunity of hearing to all the parties concerned and also to all the encroachers 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. The petitioner is also directed to give particulars of the encroachers to the respondents so as to enable them to issue notice to them also.

5. With the above direction, this Writ Petition is disposed of. No costs. [J.N.B., J.] & [S.S.Y., J.] 26.02.2025 NCC : Yes / No Index : Yes / No Sm

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Sm TO:-

1. The District Collector, Office of Collectorate, Tenkasi District.

2. The Tahsildar, Office of Sengottai Taluk, Sengottai 627 809.

3. The Deputy Tahsildar, Office of Sengottai Taluk, Sengottai 627 809.

Order made in W.P.(MD)No.5104 of 2025 Dated:

26.02.2025