S.Paramasivam v. The District Collector / Monitoring Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.6418 of 2025 S.Paramasivam ... Petitioner -Vs1.The District Collector / Monitoring Officer, Thoothukudi District.

2.The Tahsildar, Ottapidaram Taluk Office, Thoothukudi District.

3.The Village Administrative Officer, Eppothum Vendran, Ottapidaram Taluk, Thoothukudi District.

4.Solaimuthu ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment or occupancy of any other means by the 4th respondent in public pathway in S.No. 200/33C based on the petitioner's representation dated 30.01.2025 within a time frame stipulated by this Court.

For Petitioner : Mr.S.Selvakrishnan For R1 to R3 : 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 30.01.2025 seeking removal of the encroachment made by the 4th respondent in public pathway in S.No.200/33C, is kept pending till date without any progress. Therefore, he has filed this Writ Petition with the aforesaid prayer. 3.Mrs.D.Farjana Ghoushia, learned Special Government Pleader, who takes notice for the respondents 1 to 3, submits that there is no acknowledgment for the representation sent by the petitioner. Therefore, if the petitioner submits a fresh representation, that would be considered and appropriate orders would be passed on its own merits within a period that may be stipulated by this Court.

4.Notice to the 4th respondent is dispensed with, since no adverse order is going to be passed as against him.

5.In view of the submission made by the learned Special Government Pleader, the petitioner is directed to submit a fresh representation to the 1st respondent, who in turn, is directed to consider the same, after giving sufficient opportunity of hearing to the petitioner and the 4th respondent and pass appropriate orders on merits and in accordance with law. Such an exercise is directed to be completed 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.] 11.03.2025 NCC : Yes / No Index : Yes / No Yuva Note: Registry is directed to send a copy of this order to the 4th respondent.

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva To 1.The District Collector / Monitoring Officer, Thoothukudi District.

2.The Tahsildar, Ottapidaram Taluk Office, Thoothukudi District.

3.The Village Administrative Officer, Eppothum Vendran, Ottapidaram Taluk, Thoothukudi District.

W.P.(MD)No.6418 of 2025 11.03.2025