S. Perumal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY S.Perumal ... Petitioner vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Dindigul District.

3.The Tahsildar, Dindigul East Taluk, Dindigul District.

4.P.Selvaraj 5.P.Jeyaraman 6.Lakshmi 7.Vallarasu ... Respondents 1/6

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents Nos.1 to 3 to consider the representation of the petitioner dated 20.07.2024 in accordance with law and thereby remove the encroachment made by the respondent Nos.4 to 7 in public pathway S.Nos.128/1A2, 128/1B2 and 128/2A2 situated at Mullaipadi Village, Dindigul East Taluk, Dindigul District and thereby restore the public pathway to its original position within time stipulated by this Court. For Petitioner : Mr.P.R.Prithiviraj For RR 1 to 3 : M/s.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. Considering the limited relief sought for by the petitioner, notice to the respondents 4 to 7 is dispensed with. 2.It is the grievance of the petitioner that his representation dated 20.07.2024, to remove the encroachment made by the respondent Nos.4 to 7 in public pathway S.Nos.128/1A2, 128/1B2 and 128/2A2 situated at Mullaipadi 2/6

Village, Dindigul East Taluk, Dindigul District, is kept pending till date without any progress. Therefore, he has filed this Writ Petition with the aforesaid prayer. 3.The learned Special Government Pleader appearing for the respondents 1 to 3 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 1 to 3 to consider the representation of the petitioner dated 20.07.2024, after giving sufficient opportunity of hearing to the petitioner and the respondents 4 to 7 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.

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5.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

[J.N.B.,J.] & [S.S.Y.,J.] 18.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps Note: Registry is directed to mark a copy of this order to the private respondent.

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To 1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Dindigul District.

3.The Tahsildar, Dindigul East Taluk, Dindigul District.

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J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 18.03.2025 6/6