Kanagaraj v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.5459 of 2025 Kanagaraj ... Petitioner -Vs1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Tahsildar (Monitoring Committee), Alangudi Taluk, Pudukkottai District.

3.The Block Development Officer, Thiruvarankulam Panchayat Union, Pudukkotta District.

4.Kumaravel ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made by the 4th respondent in the common pathway / cart track comprised in Survey No.163/22 situated at Paramanagar, Vadakadu & Post, Alangudi Taluk, Pudukkottai District by considering the petitioner's representations dated 06.01.2025 & 08.02.2025.

For Petitioner : Mr.R.Balasubramanian For R1 to R3 : Mrs.D.Farjana Ghoushia, Special 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 representations dated 06.01.2025 & 08.02.2025, seeking removal of the encroachment made by the 4th respondent in the common pathway / cart track comprised in Survey No.163/22 situated at Paramanagar, Vadakadu & Post, Alangudi Taluk, Pudukkottai District, are kept pending till date without any progress. Therefore, he has filed this Writ Petition, seeking for a direction to the respondents 1 to 3 to remove the encroachment made by the 4th respondent.

3.Mrs.D.Farjana Ghoushia, learned Special Government Pleader, who takes notice on behalf of the respondents 1 to 3, submits that the representations

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.Notice to the 4th respondent is hereby dispensed with, since no adverse order is going to be passed as against him.

5.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 representations or in the affidavit filed in support of this Writ Petition, we direct the official respondents to consider the representations of the petitioner dated 06.01.2025 & 08.02.2025, after giving sufficient opportunity of hearing to all the parties concerned 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.

6.With the above direction, this Writ Petition is disposed of. No costs. [J.N.B., J.] & [S.S.Y., J.] 28.02.2025 NCC : Yes / No Index : Yes / No Yuva

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva To 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Tahsildar (Monitoring Committee), Alangudi Taluk, Pudukkottai District.

3.The Block Development Officer, Thiruvarankulam Panchayat Union, Pudukkotta District.

W.P.(MD)No.5459 of 2025 28.02.2025