Marudhudurai v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2025

CORAM:

THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY Marudhudurai

...Petitioner

-Vs1.The District Collector, Chairperson of District Monitoring Committee, Sivagangai District.

2.The Revenue Divisional Officer, Devakottai, Sivagangai District.

3.The Tahsildhar, Devakottai Taluk, Sivagangai District.

4.Karthick 5.Periya Karuppaiya 7.Susi 8.Gandhi 9.Pandi 10.Rajangam 11.Pandi 12.Kunjaram 13.Lakshmi 14.Pandi

...Respondents

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PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachment at Survey No.47/7, Manakudi group, Devakottai Taluk, Sivagangai District in view of the proceedings by the third respondent in Oo.Mu.A2/3592/2024 dated 25.10.2024 based on the representation dated 23.09.2024.

For Petitioner : Mr.B.Mahendrarajan For R1 to R3 : Mrs.D.Farjana Ghoushia Additional Government Pleader For R4 : Mr.A.Albert James Government Advocate

ORDER

(Order of the Court was made by J.NISHA BANU, J.) Mrs.D.Farjana Ghoushia, learned Additional Government Pleader takes notice for the respondents 1 to 3 and Mr.A.Albert James, learned Government Advocate, takes notice for the fourth respondent. Considering the nature of the order proposed to be passed in this writ petition notice to the respondents 4 to 14 is dispensed with.

2.By consent, this writ petition is taken up for hearing at the admission stage itself.

3.The grievance of the petitioner is that his representation dated 23.09.2024 seeking to remove the encroachment made in the petition mentioned 2/5

property has not been considered so far. Therefore, he has filed this Writ Petition.

4.The learned Special Government Pleader appearing on behalf of the respondents 1 to 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. 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 the Writ Petition, this Writ Petition is disposed of with a direction to the first respondent to consider the representation of the petitioner dated 23.09.2024 by giving an opportunity of hearing to the petitioner as well as the respondents 4 to 14 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. No costs.

(J.N.B.,J.) (S.S.Y.,J.) 03.04.2025 Index:Yes/No Internet : Yes/No ta 3/5

To 1.The District Collector, Chairperson of District Monitoring Committee, Sivagangai District.

2.The Revenue Divisional Officer, Devakottai, Sivagangai District.

3.The Tahsildhar, Devakottai Taluk, Sivagangai District.

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J. NISHA BANU,J.

and S.SRIMATHY.J ta 03.04.2025 5/5