Murthy R v. The Commissioner

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 R.Murthy ... Petitioner vs.

1.The Commissioner, Madurai Corporation, Madurai.

2.S.Faridha 3.Dilsath ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first respondent to remove the encroachment made by the respondents 2 and 3 over the public road, comprised in S.No.37/5 situated in Uthagudi, now in Madurai Corporation area, by disposing the petitioner's representation dated 05.02.2024, within a time to be fixed by this Court.

For Petitioner : Mr.R.Suriya Narayanan For R - 1 : Mr.K.Sivabalan Standing Counsel 1/4

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 2 and 3 is dispensed with. 2.It is the grievance of the petitioner that his representation dated 05.02.2024, to remove the encroachment made by the respondents 2 and 3 over the public road, comprised in S.No.37/5 situated in Uthagudi, now in Madurai Corporation area, is kept pending till date without any progress. Therefore, he has filed this Writ Petition with the aforesaid prayer. 3.The learned standing counsel appearing for the first respondent submits that the representation of the petitioner would be considered and appropriate orders would be passed on its own merits within a period that may be stipulated by this Court.

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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 first respondent to consider the representation of the petitioner dated 05.02.2024, after giving sufficient opportunity of hearing to the petitioner and the respondents 2 and 3 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 To The Commissioner, Madurai Corporation, Madurai.

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J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 24.03.2025 4/4