Madras High CourtWP(MD)/5351/2025disposed of

J.Raveendrakumar v. The District Collector

2025-02-27Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 27/02/2025

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY J.Raveendrakumar ... Petitioner Vs

1. The District Collector, Thanjavur District, Thanjavur.

2. The Block Development Officer, Block Development Office, Papanasam,

3. The Tahsildar, Papanasam Taluk,

4. The Head Surveyor, Taluk Office, Papanasam,

5. The Village Administrative Officer, Vao Office, Neithalur, Papanasam Taluk,Thanjavur District.

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6. Vishwanathan, S/o.Uthirapathy, Udaiampuli, Alangulam Taluk, ... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus direct the respondents 1 to 5 to remove the pathway encroachment in Survey No. 36,45,47, 53, 55, 57, 58, 62, 63, 64, 65, 66 situated at Neithalur Village, Papanasam Taluk, Thanjavur District based on the petitioner's representation dated 05.02.2025.

For Petitioner : Mr.M.Boopathipandiyan For Respondents : Mr.M.Sarangan for R1,R3 to R5 Additional Government pleader Mr.J.Ashok for R2 Additional Government pleader

ORDER

(Order of the Court was made by J.NISHA BANU, J.) By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.

2. The writ petition has been filed for a mandamus to direct the respondents 1 to 5 to remove the pathway encroachment in Survey No. 2/5

36,45,47, 53, 55, 57, 58, 62, 63, 64, 65, 66 situated at Neithalur Village, Papanasam Taluk, Thanjavur District based on the petitioner's representation dated 05.02.2025.

3. Since no adverse orders are going to be passed against the 6th respondent, notice to the 6th respondent is dispensed with.

4. The petitioner has given a representation to the official respondents to remove the encroachment in the pathway in Survey No. 36,45,47, 53, 55, 57, 58, 62, 63, 64, 65, 66 situated at Neithalur Village, Papanasam Taluk, Thanjavur District. Since the said representation was not considered so far, the petitioner is before this Court with this writ petition.

5. Considering the facts and circumstances of the case and the limited prayer that has been sought for, the 1st respondent is directed to consider the representation of the petitioner dated 05.02.2025, after giving due opportunity to the petitioner as well as the 6th respondent and upon conducting survey, pass appropriate orders on merits and in 3/5

accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, the writ petition is disposed of. No costs.

[J.N.B.,J] [S.S.Y.,J] 27.02.2025 NCC : Yes/No Index : Yes/No RR To

1. The District Collector, Thanjavur District, Thanjavur.

2. The Block Development Officer, Block Development Office, Papanasam, Thanjavur District.

3. The Tahsildar, Papanasam Taluk, Thanjavur District.

4. The Head Surveyor, Taluk Office, Papanasam,

5. The Village Administrative Officer, Vao Office, Neithalur, Papanasam Taluk,Thanjavur District.

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J.NISHA BANU, J AND S.SRIMATHY, J.

ORDER

IN WP(MD) No.5351 of 2025 Date : 27/02/2025 5/5