P.Mohanram v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.5894 of 2025 P.Mohanram ... Petitioner -Vs1.The District Collector, Ramanathapuram, Ramanathapuram District.

2.The Tahsildar (Monitoring Committee), Paramakudi, Ramanathapuram District.

3.The Municipal Commissioner, Paramakudi Town, Ramanathapuram District.

4.M.Paari ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to remove the common pathway encroachment made in T.S.No.107 situated at Ward No.17, Paramakudi Town, Ramanathapuram District on the basis of the petitioner's representation dated 24.02.2025 within the time stipulated by this Court.

For Petitioner : Mr.C.Jeganathan For R1 & R2 : Mrs.D.Farjana Ghoushia, Special Government Pleader

ORDER

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

2.It is the grievance of the petitioner that his representation dated 24.02.2025, seeking removal of the encroachment made by the 4th respondent in the common pathway in T.S.No.107 situated at Ward No.17, Paramakudi Town, Ramanathapuram District, is kept pending till date without any progress. Therefore, he has filed this Writ Petition, seeking for a direction to the 2nd respondent to remove the alleged encroachment. 3.Mrs.D.Farjana Ghoushia, learned Special Government Pleader, who takes notice on behalf of the respondents 1 and 2, submits that the 3rd respondent is the competent authority to consider the representation of the petitioner.

4.Notice to the respondents 3 and 4 is hereby dispensed with, since no adverse order is going to be passed as against them. 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 this Writ Petition, we direct the 3rd respondent to consider the representation of the petitioner dated 24.02.2025, after giving sufficient opportunity of hearing to the petitioner as well as the 4th 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.

6.With the above direction, this Writ Petition is disposed of. No costs. [J.N.B., J.] & [S.S.Y., J.] 05.03.2025 NCC : Yes / No Index : Yes / No Yuva

To 1.The District Collector, Ramanathapuram, Ramanathapuram District.

2.The Tahsildar (Monitoring Committee), Paramakudi, Ramanathapuram District.

3.The Municipal Commissioner, Paramakudi Town, Ramanathapuram District.

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva W.P.(MD)No.5894 of 2025 05.03.2025