Saravanakumar J v. The District Collector, / The Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2025

CORAM:

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

...Petitioner

-Vs1.The District Collector / The Monitoring Committee, District Collectors Office, Madurai 625 020.

2.The Commissioner, Madurai Corporation Madurai - 625 001 3.The Deputy Commissioner, Madurai West (Zone 5), Madurai - 625 002.

4.The Tahsildar, Tiruparangundram Taluk Madurai - 625 005.

5.Gopalakrishnan

...Respondents

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 1/4

4) to take immediate steps to remove the illegal encroachment made by Respondent No.5 in survey no. 190/7, Thirupparankundram Taluk, Madurai District and re-establish it as a public pathway. For Petitioner : Mr.M.Raghumankhan For RR1, 3 & 4 : Mr.J.Ashok Additional Government Pleader For R2 : Mr.K.Sivabalan Standing Counsel

ORDER

(Order of the Court was made by J.NISHA BANU, J.) Heard Mr.M.Raghumankhan, learned counsel for the petitioner, Mr.J.Ashok, learned Additional Government Pleader for the respondents 1, 3 and 4 and Mr.K.Sivabalan, learned Standing Counsel, for the second respondent. Considering the nature of the order proposed to be passed in this writ petition, notice to the fifth respondent is dispensed with. 2.By consent, this writ petition is taken up for final disposal at the stage of admission itself.

3.The petitioner claims that he has sent a representation to the official respondents herein on 03.02.2025 seeking to remove the encroachment made in the petition mentioned property. But till today, the representation of the petitioner is kept pending without any progress. 2/4

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 the Writ Petition, this Writ Petition is disposed of with a direction to the fourth respondent to consider the representation of the petitioner dated 03.02.2025 by giving an opportunity of hearing to the petitioner as well as the fifth 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. No costs. (J.N.B.,J.) (S.S.Y.,J.) 28.03.2025 Index:Yes/No Internet : Yes/No ta To 1.The District Collector / The Monitoring Committee, District Collectors Office, Madurai 625 020.

2.The Commissioner, Madurai Corporation Madurai - 625 001.

3.The Deputy Commissioner, Madurai West (Zone 5), Madurai - 625 002.

4.The Tahsildar, Tiruparangundram Taluk Madurai - 625 005 3/4

J. NISHA BANU,J.

and S.SRIMATHY.J ta 28.03.2025 4/4