Parameswaran A 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 A.Parameswaran ... Petitioner vs.

1. The District Collector, Office of the Collectors Office, Collector Office Campus, Dindigul.

2. The Tahsildar, Office of the Taluk Office, Attoor Taluk, Dindigul District.

3. The President, Thevarappan Patti Village Panchayat, Thevarappan Patti, Attoor Taluk, Dindigul District.

4. V.Mani ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to take action to remove the encroachment made in 1/6

Old Survey No.833, New Survey R.S.No.1891/40 in Ayyampalayam Village, Thevarappanpatti hamlet, Attoor Taluk, Dindigul District, by the 4th respondent by considering petitioner's representation dated 20.02.2025 within the time stipulated by this Court. For Petitioner : Mr.N.S.Karthikeyan For R1 to R3 : Mr.S.S.Madhavan 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 3 to take action to remove the encroachment made in Old Survey No.833, New Survey R.S.No.1891/40 in Ayyampalayam Village, Thevarappanpatti hamlet, Attoor Taluk, Dindigul District, by the 4th respondent by considering the petitioner's representation dated 20.02.2025 within the time stipulated by this Court. 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 20.02.2025 within a time frame. 4.

Learned Additional Government Pleader appearing for the official respondents submitted that the representation of the petitioner dated 20.02.2025 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 Additional Government Pleader for the official respondents. Since no adverse order is going to be passed, notice to the private respondent is dispensed with.

6.

In the light of the above observations, there shall be a direction to the respondents to consider the petitioner's representation 3/6

dated 20.02.2025, on its own merits and pass appropriate orders in accordance with law, after giving opportunity of personal hearing to the petitioner, private respondent, 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.

7.

With the above direction, the Writ Petition stands disposed of. No costs.

[J.N.B, J.] [S.S.Y, J.] 25.03.2025 Index : Yes / No bala To

1. The District Collector, Office of the Collectors Office, Collector Office Campus, Dindigul.

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2. The Tahsildar, Office of the Taluk Office, Attoor Taluk, Dindigul District.

3. The President, Thevarappan Patti Village Panchayat, Thevarappan Patti, Attoor Taluk, Dindigul District.

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J.NISHA BANU, J.

AND S.SRIMATHY, J.

bala ORDER MADE IN DATED : 25.03.2025 6/6