R. Ravichandran 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.7735 of 2025 R.Ravichandran ... Petitioner -Vs1.The District Collector, Madurai District, Madurai.

2.The Commissioner, Melur Municipality, Melur, Madurai District.

3.The Assistant Engineer / Monitoring Committee, Melur Municipality, Madurai District.

4.Sadham ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 and 3 to remove the encroachment on the pathway running 3 meter width and 58 meter length, situated in T.S.No.40, Old S.No.402/1A1 PT in Block No.20, Melur, Madurai District by considering the petitioner's representation dated 03.02.2025 within the time limit as prescribed by this Court.

For Petitioner : Mr.S.Saravana Kumar For R1 : Mr.P.Thila Kumar, Government Pleader For R2 & R3 : Mr.Pandiyarajan, 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 03.02.2025, seeking removal of the encroachment made on the pathway running 3 meter width and 58 meter length, situated in T.S.No.40, Old S.No.402/1A1 PT in Block No.20, Melur, Madurai District, is kept pending till date without any progress. Therefore, he has filed this Writ Petition. 3.Mr.Pandiyarajan, learned Standing Counsel, who takes notice on behalf of the respondents 2 and 3, 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 4th respondent is dispensed with, since no adverse order is going to be passed as against him.

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 03.02.2025, after giving sufficient opportunity of hearing to the petitioner and the 4th respondent 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 4th respondent.

To 1.The District Collector, Madurai District, Madurai.

2.The Commissioner, Melur Municipality, Melur, Madurai District.

3.The Assistant Engineer / Monitoring Committee, Melur Municipality, Madurai District.

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva W.P.(MD)No.7735 of 2025 21.03.2025