M.Sethu v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM AND THE HONOURABLE MR.JUSTICE A.M.BASHEER AHAMED W.P.[MD].No.9971 of 2018 M.Sethu : Petitioner Vs.

1. The Revenue Divisional Officer, Melur Revenue Divisional Office, at Y.Othakadai, Madurai District.

2. The Tahsildar, Melur Taluk, Madurai District.

3.C.Indira : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent to remove the encroachment made by the third respondent and protect the public pathway, in Survey No.33/1A1, to an extent of 0.55.0 hectares of Karungalakudi Village, Melur Taluk, Madurai District, based on the petitioner's representation dated 12.02.2018.

For petitioner : Mr.A.Prasanna Rajadurai For Mr.NA.Palaniyandi For respondents : Mr.M.Pandiarajan Additional Government Pleader

O R D E R

*********** [Order of the Court was made by C.T.SELVAM, J.] The petitioner has come up with this Writ Petition directing the second respondent to remove the encroachment made by the third respondent and protect the public pathway in Survey No.33/1A1, to an extent of 0.55.0 hectares of Karungalakudi Village, Melur Taluk, Madurai District, based on his representation dated 12.02.2018.

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2. The petitioner, who is stated to be a resident of

Sukkampatty, Melur Taluk, Madurai District, has submitted a representation dated 12.02.2018, before the respondents 1 and 2 requesting them to remove the encroachment made by the third respondent and protect the public pathway in Survey No.33/1A1, to an extent of 0.55.0 hectares of Karungalakudi Village, Melur Taluk, Madurai District. The said representation, till date, remains unanswered.

3. We have heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

4. Mr.M.Pandiarajan, learned Additional Government Pleader, appearing for the respondents 1 and 2, on instructions, informs that the representation of the petitioner dated 12.02.2018 will be considered by the second respondent on merits and in accordance with law, within a time frame, that may be fixed by this Court.

5. Recording the said submission, the Writ Petition is disposed of with a direction to the second respondent to consider the representation of the petitioner dated 12.02.2018 and pass appropriate orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order and the outcome of the representation of the petitioner shall be intimated to him. No costs.

Sd/- Assistant Registrar(Crl side) /True Copy/ Sub Assistant Registrar To

1. The Revenue Divisional Officer, Melur Revenue Divisional Office, at Y.Othakadai, Madurai District.

2. The Tahsildar, Melur Taluk, Madurai District.

+ 1 cc TO Mr.NA.Palaniyandi , Advocate in SR No. 64082 + 1 cc TO The Special Government Pleader in SR No. 64869 NB AE/SV MMS/SAR1/15.05.2018/2P/5C ORDER MADE IN W.P.[MD].No.9971 of 2018 27.04.2018 https://hcservices.ecourts.gov.in/hcservices/