M.Karthikeyan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2025

CORAM:

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

...Petitioner

-Vs1.The District Collector, Office of the District Collector, No.468, Raja Colony, Trichy-620 001, Trichy District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Trichy Sub Division, Trichy District.

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

4.The Commissioner, Trichy City Corporation, No.58, Bharathidasan Salai, Cantonment, Trichy-620 001.

5.V.Adaikkalam 6.M.Chidambaram

...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 respondents 1 to 4 herein to remove the encroachment more fully putting up small temple in the 1/5

public street in T.S.No.23, Block No.41 of Kallanguthu Block, Ariyamangalam Zone, Trichy East Taluk, Trichy Corporation, Trichy District by considering the representation of the petitioner dated 17.08.2024 within the time stipulated by this Court.

For Petitioner : Mr.C.Gangai Amaran For R1 to R3 : Mr.P.Thilak Kumar Government Pleader For R4 : Mr.K.R.Kishore Ram for M/s.R.B.Law Associates

ORDER

(Order of the Court was made by J.NISHA BANU, J.) Heard Mr.C.Gangai Amaran, learned counsel appearing for the petitioner, Mr.P.Thilak Kumar, learned Government Pleader, takes notice for the respondents 1 to 3 and Mr.K.R.Kishore, learned counsel for the fourth respondent. Considering the nature of the order proposed to be passed in this writ petition, notice to the respondents 5 and 6 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 17.08.2024 seeking to remove the encroachment made by the private respondents herein in the petition mentioned property. But till today, the representation of the petitioner is kept pending without any progress. 2/5

4.The learned counsel for the petitioner would further submit that though the petitioner has sought for a larger relief in this writ petition, he would be satisfied if a direction is issued to the official respondents to consider and dispose of the representation of the petitioner dated 17.08.2024, 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 second respondent to consider the representation of the petitioner dated 17.08.2024 by giving an opportunity of hearing to the petitioner as well as the respondents 5 and 6 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.) 11.03.2025 Index:Yes/No Internet : Yes/No ta 3/5

To 1.The District Collector, Office of the District Collector, No.468, Raja Colony, Trichy-620 001, Trichy District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Trichy Sub Division, Trichy District.

3.The Tahsildar, Trichy East Taluk Office, 4/5

J. NISHA BANU,J.

and S.SRIMATHY.J ta 11.03.2025 5/5