Ka. Suresh v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY K.A.Suresh ... Petitioner vs.

1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Madurai East Taluk, Narasingam, 3.The Block Development Officer, Block Development Office, Madurai East Panchayat, Chinna Chokkikulam, 4.The Executive Officer, Block Development Office, Madurai East Panchayat, Chinna Chokkikulam, 1/6

5.The Panchayat President, Kathakinary Panchayat, Alagar Kovil Main Road, 6.Karuppaiah @ Thangaraj 7.Sundaraja Perumal 8.Adaikalam ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the third respondent to conduct enquiry with regard to removal of unlawful construction of building and shops constructed by the respondent Nos.6 to 8 in the name of "Perumal Vaniga Valagam" in the petitioner's property comprised in Narasingam Bit III (Kadachanendal) Village, Old R.S.No:128/5A, presently UDR S.No.2/5A to an extent of 24 cents of land and building bearing Door No.2/1, Ward No.5, Alagarkovil Main Road, Madurai East Taluk, Madurai District, on the basis of the petitioner's representation dated 03.03.2025. For Petitioner : Mr.M.Sankar For RR 1 & 2 : Mr.J.Ashok Additional Government Pleader For RR 3 to 5 : Mr.M.Sarangan Additional Government Pleader 2/6

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. Considering the limited relief sought for by the petitioner, notice to the respondents 6 to 8 is dispensed with. 2.It is the grievance of the petitioner that his representation dated 03.03.2025, to remove unlawful construction of building and shops constructed by the respondent Nos.6 to 8 in the name of "Perumal Vaniga Valagam" in the petitioner's property comprised in Narasingam Bit III (Kadachanendal) Village, Old R.S.No:128/5A, presently UDR S.No.2/5A to an extent of 24 cents of land and building bearing Door No.2/1, Ward No.5, Alagarkovil Main Road, Madurai East Taluk, Madurai District, is kept pending till date without any progress.

Therefore, he has filed this Writ Petition with the aforesaid prayer. 3.

would be considered and appropriate orders would be passed on its own merits within a period that may be stipulated by this Court. 4.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 respondents 1 to 5 to consider the representation of the petitioner dated 03.03.2025, after giving sufficient opportunity of personal hearing to the petitioner and the respondents 6 to 8 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.

5.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

[J.N.B.,J.] & [S.S.Y.,J.] 24.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

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

2.The Tahsildar, Madurai East Taluk, Narasingam, 3.The Block Development Officer, Block Development Office, Madurai East Panchayat, Chinna Chokkikulam, 4.The Executive Officer, Block Development Office, Madurai East Panchayat, Chinna Chokkikulam, 5.The Panchayat President, Kathakinary Panchayat, Alagar Kovil Main Road, 5/6

J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 24.03.2025 6/6