Soundhara Pandiyammal. P v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI P.Soundhara Pandiyammal ... Petitioner -vs1.The Tahsildar O/o.Madurai North Taluk Collectorate Building Madurai District 2.G.Chinnadurai 3.G.Rani ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondent to remove the encroachments, illegal construction put up the second and third respondents in common lane situated in S.No.252/13, Thenur Village, Madurai North Taluk, Madurai District and to restore the common lane to its original position by considering the representation made by the petitioner dated 26.11.2022 to the first respondent and to pass appropriate orders merit within a time stipulated by this Court.

For Petitioner :

Mr.M.Ponniah For Respondents :

Mr.P.T.Thiraviyam Government Advocate for R1

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.P.T.Thiraviyam, learned Government Advocate, takes notice for the first respondent.

2. Since the writ petition is disposed of at the admission stage itself and considering the nature of relief sought for by the petitioner, notice to the private respondents is dispensed with.

3. With the consent of both sides, this writ petition is taken up for final hearing at the admission stage itself.

4. The petitioner seeks a mandamus directing the first respondent to take action on her representation dated 26.11.2022 complaining that the respondents 2 & 3 have encroached upon the common lane.

5. Learned Government Advocate appearing for the first respondent would submit that the first respondent has already conducted a survey and he will pass orders on the petitioner's representation in the very near future.

6. In view of the above submission, the writ petition is disposed of with a direction to the first respondent to pass orders on the petitioner's representation dated 26.11.2022, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

[R.S.M., J.] [L.V.G., J.] 06.04.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

The Tahsildar, O/o.Madurai North Taluk, Collectorate Building, Madurai District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk 06.04.2023