Madras High CourtWP(MD)/14072/2015disposed of

A.Joseph Yesunesan v. The District Collector

2015-08-07Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :07.08.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.14072 of 2015 A.Joseph Yesunesan ... Petitioner Vs.

1.The District Collector, Kanyakumari District, Nagercoil.

2.The Tahsildar, Agasteeswaram Taluk, Nagercoil and Post, Kanyakumari District.

3.The Inspector of Police, Thamaraikulam Police Station, Kanyakumari District.

... Respondents This Writ Petition has been filed praying for a Writ of Mandamus directing the respondents to consider the petitioner's representation, dated 22.06.2015 seeking protection to replant the pillars on the boundary fixed by the second respondent on 22.01.2014 in the petitioner's property situated in Re.Sy.No.62/3, Agasteeswaram Village, Nagercoil, Kanyakumari District and consider the same.

For petitioner : Mr.D.Saravanan For Respondents : Mr.D.Muruganantham, Additional Government Pleader

ORDER

This Writ Petition has been filed praying for a Writ of Mandamus directing the respondents to consider the petitioner's representation, dated 22.06.2015 seeking protection to replant the pillars on the boundary fixed by the second respondent on 22.01.2014 in the petitioner's property situated in Re.Sy.No.62/3, Agasteeswaram Village, Nagercoil, Kanyakumari District.

2. Mr.D.Muruganantham, learned Additional Government Pleader takes notice for the respondents.

3. By consent, this Writ Petition itself is taken up final disposal.

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4. The case of the petitioner is that the petitioner had a property at Agasteeswarm Village in Re.Sy.No.62/3 to an extent of 39 cents and 520 sq. links. On 13.11.2013, the persons attached with the Public Work Department, came to the said property and damaged the stone pillars erected in the property. Hence, the made a representation to the respondents seeking protection to replant the pillars on the boundary fixed by the second respondent. Since the said representation was not considered so far, the petitioner has come forward with this Writ Petition for the above stated relief.

5. Considering the limited scope of the prayer made in this Writ Petition, without going into the merits of the case, a direction is issued to the respondents to consider the representation of the petitioner, dated 22.06.2015 and pass appropriate orders on merits and in accordance with law by affording opportunity of hearing to all the necessary parties, within a period of six weeks from the date of receipt of a copy of this order. With the above direction, this Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar pm To 1.The District Collector, Kanyakumari District, Nagercoil. 2.The Tahsildar, Agasteeswaram Taluk, Nagercoil and Post, Kanyakumari District.

3.The Inspector of Police, Thamaraikulam Police Station, Kanyakumari District. +one cc to Mr.D.Saravanan, Advocate in SR.No.44816 +one cc to The Special Government Pleader, SR.No. 45265 W.P(MD).No.14072 of 2015 07.08.2015 CSL 20/08/2015 2p/6c https://hcservices.ecourts.gov.in/hcservices/