Arunachalam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2025

CORAM:

THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY Arunachalam

...Petitioner

-Vs1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Trichy Sub Division, Trichy District.

3.The Tahsildar, Trichy East Taluk, Trichy District.

4.Santhanam

...Respondents

PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the third respondent to remove the encroachment made in Survey No.316/7 (T.S.No.64/2) measured to an extent of 0.26.5 Ares (66 cents) situated at Kottappattu Village, Trichy East Taluk, Trichy District as per the proceedings by the second respondent in Na.Ka.(A7)/3835/20219 dated 24.06.2024 and recover the of amount by way of sold the above said properties made loss to the Government by the fourth respondent. 1/4

For Petitioner : Mr.A.Vadivel For R1 to R3 : Mr.P.Thilak Kumar Government Pleader

ORDER

(Order of the Court was made by J.NISHA BANU, J.) Heard Mr.A.Vadivel, learned counsel appearing for the petitioner and Mr.P.Thilak Kumar, learned Government Pleader, takes notice for the respondents 1 to 3. Considering the nature of the order proposed to be passed in this writ petition, notice to the fourth respondent is dispensed with. 2.By consent, this writ petition is taken up for final disposal at the stage of admission itself.

3.The petitioner claims that he has sent a representation to the official respondents herein on 09.12.2024 seeking to remove the encroachment made in the petition mentioned property. But till today, the representation of the petitioner is kept pending without any progress.

4.The learned counsel for the petitioner would further submit that though the 2/4

petitioner has sought for a larger relief in this writ petition, he would be satisfied if a direction is issued to the respondents to consider and dispose of the representation of the petitioner dated 09.12.2024, in accordance with law, within a time frame. 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 respondents to consider the representation of the petitioner dated 09.12.2024 by giving an opportunity of hearing to the petitioner as well as the fourth 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. sd/- 03/03/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TA 3/4

TO 1 THE DISTRICT COLLECTOR TRICHY DISTRICT, TRICHY.

2 THE REVENUE DIVISIONAL OFFICER, TRICHY SUB DIVISION, TRICHY DISTRICT.

3 THE TAHSILDAR TRICHY EAST TALUK, TRICHY DISTRICT.

ORDER

IN WP(MD) No.5619 of 2025 Date :03/03/2025 SS/VR/SAR- /14/03/2025/ 4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4