Mariappan.K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.6317 of 2024 K.Mariappan ... Petitioner -Vs1.The District Collector, Tirunelveli District.

2.The Commissioner, Vickramasingapuram Municipality, Vickramasingapuram, Ambasamudram Taluk, Tirunelveli District.

3.Samuvel David 4.Jasmine ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to take appropriate action on the petitioner's representation dated 23.02.2024 against the respondents 3 and 4 under Section 197 of Tamil Nadu District Municipality Act as expeditiously as possible within the time stipulation as prescribed by this Court.

For Petitioner : Mr.R.Anand For R1 : Mr.N.Satheesh Kumar, Additional Government Pleader For R2 : Mr.H.Arumugam, Standing Counsel

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2.Mr.N.Satheesh Kumar, learned Additional Government Pleader takes notice for the 1st respondent and Mr.H.Arumugam, learned Standing Counsel takes notice for the 2nd respondent. Considering the nature of order going to be passed in this Writ Petition, notice to the respondents 3 and 4 is dispensed with. 3.According to the petitioner, his representation dated 23.02.2024, seeking removal of the encroachment made by the respondents 3 and 4 in the common lane, has not been considered so far by the 2nd respondent. Therefore, he is constrained to move the present Writ Petition.

4.Considering the limited prayer sought for by the petitioner, without going into the merits of the case, we direct the 2nd respondent to consider the representation of the petitioner dated 23.02.2024 and pass appropriate orders on its own merits an in accordance with law, after providing opportunity to all the parties concerned within a period of twelve weeks from the date of receipt of a copy of this order.

5.With the above direction, this Writ Petition stands disposed of. No costs.

[D.K.K., J.] & [R.V., J.] 15.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To 1.The District Collector, Tirunelveli District.

2.The Commissioner, Vickramasingapuram Municipality, Vickramasingapuram, Ambasamudram Taluk, Tirunelveli District.

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

Yuva W.P.(MD)No.6317 of 2024 15.03.2024