Kartheeswari.N v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.7435 of 2024 N.Kartheeswari ... Petitioner -Vs1.The District Collector, Virudhunagar District, Virudhunagar.
2.The District Revenue Officer, Virudhunagar District, Virudhunagar.
3.The Tahsildar, Vembakottai Taluk, 4.The Assistant Director of Rural Development Department, Office of the Assistant Director of Rural Development Department, Virudhunagar District, Virudhunagar.
5.The Revenue Divisional Officer, Virudhunagar District, Virudhunagar.
6.The Sub Inspector of Police, Alangulam Police Station, Alangulam, 7.The Block Development Officer, Virudhunagar, ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the official respondents to remove the encroachments made by many occupants herein in Survey Nos.1209, 1210 and its sub division situated at Melanamarainadu Village, Vembakottai Taluk, Virudhunagar District within the stipulated time fixed by this court by considering the representation of the petitioner dated 27.02.2024. For Petitioner : Mr.V.Maharajan For R1 to R5 & R7: Mr.P.Thilakkumar Government Pleader For R6 : Mr.S.S.Madhavan Government Advocate (Crl.side)
ORDER
[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition is filed for issuance of a Writ of Mandamus, directing official respondents to remove the encroachments made by many occupants in Survey Nos.1209 and 1210 and its sub division situated at Melanamarainadu Village, Vembakottai Taluk, Virudhunagar District within the
stipulated time fixed by this court by considering the representation of the petitioner dated 27.02.2024.
2.Mr.P.Thilakkumar, learned Government Pleader takes notice for the respondents 1 to 5 and 7 and Mr.S.S.Madhavan, learned Government Advocate (Crl.side) takes notice for the sixth respondent. 3.By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.
4.Pointing out the encroachments made in the petition mentioned property, the petitioner made a representation dated 27.02.2024 to the respondents 1 to 5. Since the same has not been considered till date, the petitioner has approached this Court with the aforesaid prayer. 5.The learned Government Pleader for the respondents 1 to 5 and 7, on instructions, submitted that the representation of the petitioner dated 27.02.2024 will be considered and appropriate orders would be passed on merits and in accordance with law.
6.Considering the limited scope of the prayer sought for in the Writ Petition, without going into the merits of the case, we are inclined to direct the seventh respondent to consider the representation of the petitioner dated 27.02.2024 and pass appropriate orders on its own merits and in accordance with law, after providing sufficient opportunity of hearing to all the parties concerned. Such an exercise shall be completed as early as possible, preferably, within a period of twelve (12) weeks from the date of receipt of a copy of this order. 7.With the above direction, this Writ Petition stands disposed of. No costs.
[D.K.K., J.] & [R.V., J.] 26.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No ta
To 1.The District Collector, Virudhunagar District, Virudhunagar.
2.The District Revenue Officer, Virudhunagar District, Virudhunagar.
3.The Tahsildar, Vembakottai Taluk, 4.The Assistant Director of Rural Development Department, Office of the Assistant Director of Rural Development Department, Virudhunagar District, Virudhunagar.
5.The Revenue Divisional Officer, Virudhunagar District, Virudhunagar.
6.The Sub Inspector of Police, Alangulam Police Station, Alangulam, 7.The Block Development Officer, Virudhunagar,
D.KRISHNAKUMAR, J.
AND R.VIJAYAKUMAR , J.
ta W.P.(MD)No.7435 of 2024 26.03.2024