Manjula v. The District Collector

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 Manjula ... Petitioner Vs

1. The District Collector, Dindigul District, Dindigul..

2. The Tahsildar, Dindigul East Taluk, Dindigul..

3. Poovan @ Krishnan,

4. Isaiveni ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 and 2 to remove the encroachment made in Municipality Street in Survey No. 494/2, in Harigans and Nambikottai Colony, Adiyanuthu Village, Dindigul Town, Dindigul District on the basis of the representation dated 28.03.2023 and 20.02.2025 within a time stipulated by this Court.

1/5

For Petitioner : Mr.P.M.Vishnuvardhanan For Respondents : Mr.J.Ashok for R1&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 and 2 to remove the encroachment made in Municipality Street in Survey No. 494/2, in Harigans and Nambikottai Colony, Adiyanuthu Village, Dindigul Town, Dindigul District on the basis of the representation dated 28.03.2023 and 20.02.2025 within a time stipulated by this Court.

3. Since no adverse orders are going to be passed against the respondents 3 and 4, notice to the respondents 3 and 4 is dispensed with.

4. The learned counsel for the petitioner would submit that a representation has been given by the petitioner to the respondents 1 and 2 2/5

on 20.02.2025 for removing the encroachment made in the municipality street. Since the representation has not been considered so far, the petitioner prays for appropriate directions.

5. Considering the submission made by the learned counsel for the petitioner and considering the limited scope of the matter, without going into the merits of the case or the claim made by the petitioner, the respondents 1 and 2 are directed to consider the representation of the petitioner dated 20.02.2025, after giving due opportunity to the petitioner as well as the respondents 3 and 4 and upon conducting survey, pass appropriate orders on merits and in 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 3/5

To

1. The District Collector, Dindigul District, Dindigul..

2. The Tahsildar, Dindigul East Taluk, Dindigul..

4/5

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

RR

ORDER

IN WP(MD) No.5310 of 2025 Date : 27/02/2025 5/5