Gajendran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2025 CORAM :

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE Gajendran ... Petitioner vs.

1. The District Collector, Tenkasi District, Tenkasi.

2. The Director of Adi Dravidar Welfare Board, Directorate of Adi Dravidar Welfare Board, Chepauk, Chennai.

3. The Special Tahsildar, Adi Dravidar Welfare Department, Tenkasi District.

4. Jeyakumar ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1 to 3 respondents to remove the encroachment and unauthorized constructions at S.Nos. 417/2A and 418 of Keela Kadayam Village - I, Tenkasi Taluk, Tenkasi, based on the petitioner's representation dated 11.08.2022. For Petitioner : Mr.S.Chellapandian For R1 to R3 : Mr.P.Thilakkumar Government Pleader Page No.1 of 4

For R4 : Mr.G.Thalaimutharasu

ORDER

(Order of the Court was made by M.S.RAMESH, J.) This writ petition has been filed for a Mandamus, directing the respondents 1 to 3 to remove the encroachment and unauthorised constructions at S.No.417/2A & 418 of Keela Kadayam Village-I, Tenkasi Taluk, Tenkasi, based on the petitioner's representation dated 11.08.2022.

2.

Alleging encroachment and unauthorised constructions by the 4th respondent in the above said survey number, the petitioner made a representation dated 11.08.2022 to the respondents 1 to 3, to take appropriate action and finding no heed to it was paid, he has filed the present writ petition.

3.

Heard both sides.

4.

Since there is a considerable lapse of time after the earlier representation was made, the petitioner herein is granted liberty to give Page No.2 of 4

a fresh representation to the concerned respondent, ventilating his grievances, as expeditiously as possible. On receipt of such a representation, the concerned respondent is directed to consider the same, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and the private respondents, as well as to any other person, who may be interested in the subject matter, within a period of three (3) months from the date of receipt of the representation. It is made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the concerned respondent to consider the same, on its own merits.

5.

With the above direction, the Writ Petition stands disposed of. No costs.

(M.S.R, J.) (A.D.M.C, J.) 24.01.2025 Index : Yes / No bala Page No.3 of 4

M.S.RAMESH, J.

and A.D.MARIA CLETE, J.

bala To

1. The District Collector, Tenkasi District, Tenkasi.

2. The Director of Adi Dravidar Welfare Board, Directorate of Adi Dravidar Welfare Board, Chepauk, Chennai.

3. The Special Tahsildar, Adi Dravidar Welfare Department, Tenkasi District.

ORDER MADE IN DATED : 24.01.2025 Page No.4 of 4