V.Mahesh v. The District Collector / Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.6319 of 2025 V.Mahesh ... Petitioner -Vs1.The District Collector / Monitoring Committee, O/o. District Collector, Nagercoil, Kanniyakumari District @ Nagercoil. 2.The Tahsildar, Thovalai Taluk, Thovalai, Kanniyakumari District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to remove the unauthorized particulars (Stones) placed in the Nilavial Pathway which is situated in S.No. 550/38 of Alagiyapandipuram Village, Thovalai Taluk, Kanniyakumari District and consequently, to direct them to restore the public pathway to its original extend and enable the petitioner to use "Nilaviyal Pathway" to approach residence based on the representation dated 25.11.2024 within the time limit that may be stipulated by this Court.

For Petitioner : Mr.A.S.Vaigunth For Respondents : Mr.P.Thilak Kumar, 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 25.11.2024, seeking removal of the unauthorized particulars (Stones) placed in the Nilavial Pathway, which is situated in S.No.550/38 of Alagiyapandipuram Village, Thovalai Taluk, Kanniyakumari District and further to restore the Nilaviyal Pathway to its original position, enabling the petitioner to use the same to approach his residence, is kept pending till date without any progress. Therefore, he has filed this Writ Petition with the aforesaid prayer. 3.Mr.P.Thilak Kumar, learned Government Pleader, who takes notice on behalf of the respondents, submits that the representation of the petitioner would be considered and appropriate orders would be passed on its own merits within a period that may be stipulated by this Court.

4.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 respondents to consider the representation of the petitioner dated 25.11.2024, after giving sufficient opportunity of hearing to all the parties concerned and pass appropriate orders on merits and in accordance with law within a period of eight [8] weeks from the date of receipt of a copy of this order.

5.With the above direction, this Writ Petition is disposed of. No costs. [J.N.B., J.] & [S.S.Y., J.] 07.03.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The District Collector / Monitoring Committee, O/o. District Collector, Nagercoil, Kanniyakumari District @ Nagercoil. 2.The Tahsildar, Thovalai Taluk, Thovalai, Kanniyakumari District.

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva W.P.(MD)No.6319 of 2025 07.03.2025