Duraipandian 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.7761 of 2025 Duraipandian ... Petitioner -Vs1.The District Collector, Tirunelveli District.

2.The Tahsildar, Manur Taluk, Tirunelveli District.

3.The Commissioner, Panchayat Union, Melaneelithanallur Village, Shankarankovil Taluk, Tirunelveli District.

4.Y.Srinivasagam ... 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 take immediate steps for the removal of the unlawful encroachment made by the 4th respondent on the Government land in S.Nos.194/15 and 194/18 Moovirunthali Village,

Shankarankovil Taluk, Tirunelveli District classified as Government Poramboke Road.

For Petitioner : Mr.V.R.Shanmuganathan For R1 & R2 : Mrs.D.Farjana Ghoushia, Special Government Pleader

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, seeking removal of the unlawful encroachment made by the 4th respondent on the Government poramboke road in S.Nos.194/15 and 194/18 Moovirunthali Village, Shankarankovil Taluk, Tirunelveli District, is kept pending till date without any progress. Therefore, he has filed this Writ Petition. 3.Mrs.D.Farjana Ghoushia, learned Special Government Pleader, who takes notice on behalf of the respondents 1 and 2, 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 respondent concerned to consider the representation of the petitioner, 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, Tirunelveli District.

2.The Tahsildar, Manur Taluk, Tirunelveli District.

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva W.P.(MD)No.7761 of 2025 21.03.2025