M. Stebhen Raj v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.4790 of 2025 M.Stebhen Raj ... Petitioner vs.

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Tahsildar, Karambakudi Taluk, Pudukkottai District.

3.The Inspector of Police, Alangudi Police Station, Pudukkottai District.

4.A.Chelladurai ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the obstructions made by the fourth respondent in the 'Vandi Pathai' in Survey No.432/11 in Mankottai Village, Karambakudi Taluk, Pudukkottai District and consequently maintain the same without any future encroachments. 1/5

For Petitioner : Mr.M.Rajarajan For RR 1 & 2 : Mr.M.Sarangan Additional Government Pleader For R - 3 : Mr.A.Albert James Government Advocate (Criminal Side)

ORDER

(Order of the Court was made by J. NISHA BANU, J.) It is the grievance of the petitioner that his representation dated 23.05.2024, to remove the obstructions made by the fourth respondent in the 'Vandi Pathai' in Survey No.432/11 situated at Mankottai Village, Karambakudi Taluk, Pudukkottai District, is kept pending till date without any progress. Therefore, he has filed this Writ Petition with the aforesaid prayer. 2.Today, when the matter is taken up for hearing, the learned Additional Government Pleader appearing for the respondents 1 & 2 would submit that the Revenue Divisional Officer, vide proceedings dated 15.03.2025 directed the petitioner and the fourth respondent to appear on 21.03.2025 for surveying the subject property and thereafter appropriate orders would be passed on its own merits within a period that may be stipulated by this Court. 2/5

3.In view of the above, we direct the respondents to conduct survey in the subject property, vide proceedings dated 15.03.2025, after giving sufficient opportunity of hearing to the petitioner and the fourth 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. 4.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. [J.N.B.,J.] & [S.S.Y.,J.] 17.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 3/5

To 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Tahsildar, Karambakudi Taluk, Pudukkottai District.

3.The Inspector of Police, Alangudi Police Station, Pudukkottai District.

4/5

J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 17.03.2025 5/5