R.Pushpa Kala v. The Principal Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.03.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.7425 of 2025 R.Pushpa Kala ... Petitioner -Vs1.The Principal Secretary to Government, Housing and Urban Development Department, Fort St.George, Secretariat, Chennai-600 009.
2.The District Collector, Kanniyakumari District, Collectorate, at Nagercoil.
3.The Assistant Director of Town Panchayat, Kanniyakumari District, Collectorate at Nagercoil.
4.The Executive Officer, Vilavoor First Grade Town Panchayat, Moolachel, Kanniyakumari District.
5.Mary Charlet 6.R.Stalin Jayakumar 7.R.Jerin SanthaKumar ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to take action against the unauthorized constructions situate in the lands comprised in Re.Survey No.1/1B1 of Thuckalay Village, Kalkulam Taluk, Kanniyakumari District made by the respondents 5 to 7 and consequently, directing the respondents 3 and 4 to send a proper report to the 1st respondent as per the communication dated 23.12.2024 made in vide Na.Ka.No.27549/2024/TCP6 of the 1st respondent herein by considering the petitioner's representation dated 08.11.2024 within a time frame as may be fixed by this Court.
For Petitioner : Mr.G.Aravinthan For R1 to R3 : Mr.J.Ashok, Additional 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 her representation dated 08.11.2024 to take action against the unauthorized constructions made by the respondents 5 to 7 in the lands comprised in Re.Survey No.1/1B1 of Thuckalay
Village, Kalkulam Taluk, Kanniyakumari District, is kept pending till date without any progress. Therefore, she has filed this Writ Petition with the aforesaid prayer. 3.Mr.J.Ashok, learned Additional Government Pleader, who takes notice 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.Notice to the respondents 4 to 7 is dispensed with, since no adverse order is going to be passed as against them.
5.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 official respondents to consider the representation of the petitioner dated 08.11.2024, after giving sufficient opportunity of hearing to the petitioner and the respondents 5 to 7 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.
6.With the above direction, this Writ Petition is disposed of. No costs. [J.N.B., J.] & [S.S.Y., J.] 19.03.2025 NCC : Yes / No Index : Yes / No Yuva Note: Registry is directed to send a copy of this order to the respondents 5 to 7. To 1.The Principal Secretary to Government, Housing and Urban Development Department, Fort St.George, Secretariat, Chennai-600 009.
2.The District Collector, Kanniyakumari District, Collectorate, at Nagercoil.
3.The Assistant Director of Town Panchayat, Kanniyakumari District, Collectorate at Nagercoil.
J.NISHA BANU, J.
AND S.SRIMATHY , J.
Yuva W.P.(MD)No.7425 of 2025 19.03.2025