Santhanakaruppusamy K v. The District Collector / Chairman Of Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :21.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR K.Santhanakaruppusamy ... Petitioner vs.

1 The District Collector / Chairman of Monitoring Committee, Madurai District, Madurai.

2 The Executive Engineer (Distribution), TANGEDCO, Samayanallur, Madurai District.

3 The Assistant Engineer (Distribution) TANGEDCO, Samayanallur, Madurai District.

4 The Tashildar, Madurai South Taluk Office, District Collector Office Complex, Madurai.

5 The Block Development Officer, Madurai West Panchayat Union, Old Natham Road, Race Course Colony, Madurai.

6 The Panchayat President Thenur Panchayat, Thenur, Madurai North Taluk, Madurai District.

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7 Kundumalai Sekar 8 Pitchaimani 9 Pandi 10 Ayyanar ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1, 4 to 6 herein to remove the encroachments made by the respondents 3 and 7 to 10 in Aadhi Dravidar Colony, Dabethar Shanthai Colony at Thenur Revenue Village situated in S.Nos. 8/1B2, 8/4B and 8/5. For Petitioner : Mr.M.Thirunavukkarasu For R-1, R-4 & R-5 : Mr.S.P.Maharajan, Special Government Pleader For R-2 & R-3 : Mr.S.Deenadhayalan

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) The petitioner has filed this writ petition seeking for issuance of a Writ of Mandamus, directing the respondents 1, 4 to 6 herein to remove the encroachments made by the respondents 3 and 7 to 10 in S.Nos. 8/1B2, 8/4B and 8/5 situated at Aadhi Dravidar Colony, Dabethar Shanthai Colony at Thenur Revenue Village.

2. According to the petitioner, on 11.10.2023, he has made a representation to the respondents 1 to 6, requesting to take action for removal of encroachment made by the respondents 3 and 7 to 10. Since no action has been taken by the authorities, the petitioner has filed this writ 2/5

petition with the aforesaid prayer.

3. Considering the facts and circumstances of the case, without going into the merits of the case, we direct the respondents 5 and 6, to consider the petitioner's representation, dated 11.10.2023, and pass appropriate orders, on merit and in accordance with law, after providing opportunity to all the parties concerned. Such exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the above direction, this writ petition stands disposed of. No Costs.

[D.K.K.,J.] [R.V.,J.] 21.03.2024 NCC : Yes / No Index : Yes / No PM 3/5

To 1 The District Collector / Chairman of Monitoring Committee, Madurai District, Madurai.

2 The Tashildar, Madurai South Taluk Office, District Collector Office Complex, Madurai.

3 The Block Development Officer, Madurai West Panchayat Union, Old Natham Road, Race Course Colony, Madurai.

4 The Panchayat President Thenur Panchayat, Thenur, Madurai North Taluk, Madurai District.

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D. KRISHNAKUMAR,J.

and R.VIJAYAKUMAR,J.

PM ORDER MADE IN DATED :21.03.2024 5/5