K.Sumathi v. The District Collector / Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.3981 of 2025 K.Sumathi ... Petitioner vs.

1.The District Collector/Monitoring Committee, Tanjore District, Tanjore.

2.The Tahsildar, O/o.The Tahsildar, Boothalur Taluk, Tanjore District.

3.The Block Development Officer, Boodhalur, Tanjore District.

4.Sengipatti Village Panchayat, Represented by its Special Officer, Sengipatti Village, Budhalur Taluk, Tanjore District.

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5.S.Puniyamoorthy ... 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 to 4 to remove the illegal encroachment and unauthorized structure put up by the respondent No.5 in SF.No.464/2, 464/16 and 462D situated at Sengipatti Village, Budhalur Taluk, Thanjavur District within the time stipulated by this Court. For Petitioner : Mr.M.Mahaboob Fazil for M/s.Roy and Roy Associates For RR 1 to 4 : Mrs.D.Farjana Ghoushia Special Government Pleader

ORDER

(Order of the Court was made by J. NISHA BANU, J.) Even though a larger relief has been sought for by the petitioner to direct the respondents 1 to 4 to remove the illegal encroachment and unauthorized structure put up by the respondent No.5 in SF.No.464/2, 464/16 and 462D situated at Sengipatti Village, Budhalur Taluk, Thanjavur District within the time stipulated by this Court, the learned counsel appearing for the petitioner would submit that it would suffice, if a direction is issued to the respondents 1 to 4 to 2/6

consider the representation of the petitioner dated 09.01.2025 and to pass appropriate orders, in accordance with law within a time frame. 2.Considering the limited relief sought for by the petitioner, notice to the fifth respondent is dispensed with.

3.The learned Special Government Pleader appearing for the respondents 1 to 4 submitted that the representation of the petitioner will be considered on merits.

4.Considering the submissions made by the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents 1 to 4, without expressing any opinion with regard to the merits of the claim made by the petitioner, there shall be a direction to the first respondent to consider the representation submitted by the petitioner dated 09.01.2025, and pass appropriate orders on merits and in accordance with law, after giving due opportunity to the petitioner and fifth respondent, within a period of twelve weeks from the date of receipt of a copy of this order. 3/6

5.With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

[J.N.B.,J.] & [S.S.Y.,J.] 03.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The District Collector/Monitoring Committee, Tanjore District, Tanjore.

2.The Tahsildar, O/o.The Tahsildar, Boothalur Taluk, Tanjore District.

3.The Block Development Officer, Boodhalur, Tanjore District.

4.Sengipatti Village Panchayat, Represented by its Special Officer, Sengipatti Village, Budhalur Taluk, Tanjore District.

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J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 03.03.2025 6/6