S. Rajkumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.7730 of 2025 S.Rajkumar ... Petitioner -Vs1.The District Collector, Tuticorin District, Tuticorin.

2.The Commissioner, Kovilpatti Municipality, Tuticorin District.

3.J.Mathivanan 4.Seenivasan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to remove the encroachment and unauthorized construction made by the respondents 3 and 4 in Town Survey No.276, Kovilpatti Town, Tuticorin District.

For Petitioner : Mr.C.Mayil Vahana Rajendran For R1 : Mr.S.S.Madhavan, Additional Government Pleader

For R2 : Mr.N.Anandha Kumar, Standing Counsel

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 his representation dated 20.01.2025, seeking removal of the encroachment and unauthorized construction made by the respondents 3 and 4 in Town Survey No.276, Kovilpatti Town, Tuticorin District, is kept pending till date without any progress. Therefore, he has filed this Writ Petition.

3.Mr.N.Anandha Kumar, learned Standing Counsel, who takes notice on behalf of the 2nd respondent, submits that the representation of the petitioner would be considered and appropriate orders would be passed in accordance with law within a period that may be stipulated by this Court. 4.Notice to the respondents 3 and 4 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 2nd respondent to consider the representation of the petitioner dated 20.01.2025, after giving sufficient opportunity of hearing to the petitioner and the respondents 3 and 4 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.] 21.03.2025 NCC : Yes / No Index : Yes / No Yuva Note: Registry is directed to send a copy of this order to the respondents 3 and 4.

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva To 1.The District Collector, Tuticorin District, Tuticorin.

2.The Commissioner, Kovilpatti Municipality, Tuticorin District.

W.P.(MD)No.7730 of 2025 21.03.2025