Kandasamy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2025 CORAM :
THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and WMP(MD)No.6210 of 2025 Kandasamy ... Petitioner vs.
1. The District Collector, Trichy.
2. The Tahsildhar, Lalgudi.
3. The Block Development Officer, Pullambadi Block, Pullambadi, Trichy.
4. The Head Surveyor, Taluk Office, Lalgudi, Trichy District.
5. The Village Administrative Officer, Kannangudi Village, Lalgudi Taluk, Trichy.
6. Sivanesan
7. Mariappan ... Respondents 1/6
PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing 1 to 5 respondents herein to consider the petitioner's representation dated 14.10.2024 thereby remove the encroachment made in pathway (Mettu Theru 1st Street) situated in S.F.No.216/6 in Kannankudi Village, Lalgudi Taluk, Trichy District.
For Petitioner : Mr.J.Madhu For R1, R2, R4 & R5 : Mr.S.S.Madhavan Additional Government Pleader For R3 : Mr.J.Ashok Additional Government Pleader
ORDER
(Order of the Court was made by J.NISHA BANU, J.) By consent, the writ petition itself is taken up for final disposal. 2.
The petitioner has sought for issuance of a Writ of Mandamus, directing the respondents 1 to 5 herein to consider the petitioner's representation dated 14.10.2024, thereby remove the encroachment made in pathway (Mettu Theru 1st Street) situated in S.F.No.216/6 in Kannankudi Village, Lalgudi Taluk, Trichy District. 2/6
3.
Though the petitioner sought for the abovesaid prayer, today, when the writ petition was taken up for hearing, learned counsel appearing for the petitioner submitted that it is suffice if a direction is issued to the official respondents and consider and dispose of the petitioner's representation dated 14.10.2024 within a time frame. 4.
Learned Additional Government Pleaders appearing for the official respondents submitted that the representation of the petitioner dated 14.10.2024 would be considered and appropriate orders would be passed on its own merits within a time frame that may be stipulated by this Court.
5.
Heard the learned counsel for the petitioner and the learned Government Pleaders for the official respondents 1 to 5. Since no adverse order is going to be passed, notice to the private respondents is dispensed with.
3/6
6.
In the light of the above observations, there shall be a direction to the respondents to consider the petitioner's representation dated 14.10.2024, on its own merits and pass appropriate orders in accordance with law, after giving opportunity of personal hearing to the petitioner, private respondents, as well as all other persons, who may be interested in the subject property, within a period of three months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the concerned respondents to consider the same on its own merits.
6.
With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. [J.N.B, J.] [S.S.Y, J.] 25.03.2025 Index : Yes / No bala 4/6
To
1. The District Collector, Trichy.
2. The Tahsildhar, Lalgudi.
3. The Block Development Officer, Pullambadi Block, Pullambadi, Trichy.
4. The Head Surveyor, Taluk Office, Lalgudi, Trichy District.
5. The Village Administrative Officer, Kannangudi Village, Lalgudi Taluk, Trichy.
5/6
J.NISHA BANU, J.
AND S.SRIMATHY, J.
bala ORDER MADE IN DATED : 25.03.2025 6/6