Palaniammal 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.7405 of 2024 Palaniammal ... Petitioner -Vs1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Revenue Divisional Officer, Pudukkottai District, Pudukkottai.

3.The Tahsildar, Thirumayam Taluk, Pudukkottai District.

4.Aarayee 5.Karuppaiah ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made by the fourth and fifth respondents in S.No.457/44 at Kottur Village, Thirumayam Taluk, Pudukkottai District by considering the petitioner's representation dated 19.02.2024.

For Petitioner : Mr.D.Rameshkumar For R1 to R3 : Mr.S.P.Maharajan Special Government Pleader

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition is filed for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made by the fourth and fifth respondents in S.No.457/44 at Kottur Village, Thirumayam Taluk, Pudukkottai District by considering the petitioner's representation dated 19.02.2024.

2.Mr.S.P.Maharajan, learned Special Government Pleader takes notice for the respondents 1 to 3. Since no adverse order is going to be passed in this writ petition, notice to the respondents 4 and 5 is dispensed with. 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 by the fourth and fifth respondents, the petitioner made a representation dated 19.02.2024 to the respondents 1 to 3. Since the same has not been considered till date, the petitioner has approached this Court with the aforesaid prayer. 5.The learned Special Government Pleader for the respondents 1 to 3, on instructions, submitted that the representation of the petitioner dated 19.02.2024 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 third respondent to consider the representation of the petitioner dated 19.02.2024 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, Pudukkottai District, Pudukkottai.

2.The Revenue Divisional Officer, Pudukkottai District, Pudukkottai.

3.The Tahsildar, Thirumayam Taluk, Pudukkottai District.

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

ta W.P.(MD)No.7405 of 2024 26.03.2024