K.Gomathi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2025
CORAM:
THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY K.Gomathi
...Petitioner
-Vs1.The District Collector, Office of the District Collector, Trichy District.
2.The Revenue Divisional Officer, Musiri, Trichy District.
3.The Tahsildar, Musiri Taluk, Trichy District.
4.The Block Development Officer (Village Panchayat), Thathaiyangarpettai Panchayat Union, Trichy District.
5.G.Loganathan
...Respondents
PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 and 1/5
4 herein to take immediate action to remove the illegal encroachment put up by the 5th respondent in the public pathway in survey number 445/22 situated at Paithamparai Village, Musiri Taluk, Trichy District on the basis of the petitioners representation dated 03.01.2025 within the time stipulated by this Court. For Petitioner : Mr.P.Balasubramaniyan For R1 to R4 : Mrs.D.Farjana Ghoushia Special Government Pleader
ORDER
(Order of the Court was made by J.NISHA BANU, J.) By consent, this writ petition is taken up for admission at the admission stage itself.
2.Mr.P.Thilak Kuamar, learned Government Pleader, takes notice for the respondents 1 to 4. Considering the nature of the order proposed to be passed in this writ petition, notice to the fifth respondent is dispensed with. 3.The grievance of the petitioner is that his representation dated 03.01.2025 seeking to remove the encroachment made in the petition mentioned property, has not been considered so far. Therefore, he has filed this Writ Petition.
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4.The learned Special Government Pleader appearing on behalf of the official respondents submits that the representation of the petitioner would be considered and appropriate orders would be passed in accordance with law within a period that may be stipulated by this Court. 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 representation or in the affidavit filed in support of the Writ Petition, this Writ Petition is disposed of with a direction to the second respondent to consider the representation of the petitioner dated 03.01.2025 by giving an opportunity of hearing to the petitioner as well as the fifth respondent 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. No costs. (J.N.B.,J.) (S.S.Y.,J.) 25.04.2025 Index:Yes/No Internet: Yes/No ta To 3/5
1.The District Collector, Office of the District Collector, Trichy District.
2.The Revenue Divisional Officer, Musiri, Trichy District.
3.The Tahsildar, Musiri Taluk, Trichy District.
4.The Block Development Officer (Village Panchayat), Thathaiyangarpettai Panchayat Union, Trichy District.
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J. NISHA BANU,J.
and S.SRIMATHY.J ta 25.04.2025 5/5