Madras High CourtWP(MD)/4707/2022disposed of

Rukaiah. A.M. v. The Commissioner

2025-11-27Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.4707 of 2022 A.M.Rukaiah .. Petitioner Vs 1.The Commissioner, Kadayanallur Municipality, Kadayanallur, Tenkasi District.

2.A.M.Udhuman Mohideen .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the first respondent to take appropriate action against the second respondent based on the petitioner's representation dated 02.03.2022.

For Petitioner : Mr.Aayiram K.Selvakumar For R1 : Mr.M.Rajarajan Standing Counsel 1/4

ORDER

This writ petition has been filed seeking Mandamus to direct the first respondent to take appropriate action against the second respondent based on the petitioner's representation dated 02.03.2022.

2. It is the case of the petitioner that the subject property belonged to her father, late A.S.Mohameed Ali. After his demise, the the property has been in the possession and enjoyment of his legal heirs, including the petitioner. However, the second respondent, who has no right over the property, has commenced construction on the said land despite objection raised by the petitioner's family. In this regard, the petitioner submitted a representation to the respondent seeking appropriate action against the second respondent. To date, the respondent has not taken any steps. Hence, the petitioner is before this Court.

3. The learned Standing Counsel appearing for the first respondent, on instructions, submitted that the petitioner's representation would be considered within a stipulated time.

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4. Considering the above, this Court, without going into the merits of the matter, directs the first respondent to consider the petitioner's representation dated 02.03.2022 on merits and in accordance with law, within a period of one month from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner as well as the second respondent.

5. With the above direction, this Writ Petition is disposed of. No costs. 27.11.2025 NCC : Yes/No Index : Yes/No Internet:Yes Rmk To The Commissioner, Kadayanallur Municipality, Kadayanallur, Tenkasi District.

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P.T.ASHA, J.

Rmk Writ Petition(MD)No.4707 of 2022 27.11.2025 4/4