Thangam @ Mayandi T v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2025
CORAM:
THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY T.Thangam @ Mayandi
...Petitioner
-Vs1.The District Collector, Madurai Collectorate Office, Madurai District.
2.The Commissioner/Monitoring Committee, Madurai Corporation, Anna Maligai, Melur Road, Madurai District.
3.The Thasildar, Thasildar Office, Madurai West Taluk, Madurai District.
4.M.Ukkirapandian 5.Balu
...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 second respondent to consider the representation of the petitioner dated 26.02.2025 to evict the 1/5
encroachment of southern side property in Survey No.90/2 and also preventing the unlawful activities thus by giving safety to the public (by way of sale deed in document No.781/2011 dated 02.03.2011), the above said property is situated in Door No.45, Ayan Ponmeni Village, Theni Road, Madurai South District. For Petitioner : Mr.S.Ayshabegum For R1 & R3 : Mr.S.S.Madhavan Additional Government Pleader For R2 : Mr.P.Anbunithi Standing Counsel
ORDER
(Order of the Court was made by J.NISHA BANU, J.) Mr.S.S.Madhavan, learned Additional Government Pleader takes notice for the respondents 1 and 3 and Mr.P.Anbunithi, learned Standing Counsel for the second respondent. Considering the nature of the order proposed to be passed in this writ petition, notice to the respondents 4 and 5 is dispensed with. 2.By consent, this writ petition is taken up for hearing at the admission stage itself.
3.The grievance of the petitioner is that his representation dated 26.02.2025 seeking to remove the encroachment made in the petition mentioned property has not been considered so far. Therefore, he has filed this Writ Petition.
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4.The learned Additional Government Pleader appearing on behalf of the first and third respondents submits that the representation of the petitioner would be considered and appropriate orders would be passed in accordance with law within a period that may be stipulated by this Court. 5.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 second respondent to consider the representation of the petitioner dated 26.02.2025 by giving an opportunity of hearing to the petitioner as well as the respondents 4 and 5 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.) 27.03.2025 Index:Yes/No Internet : Yes/No ta 3/5
To 1.The District Collector, Madurai Collectorate Office, Madurai District.
2.The Commissioner/Monitoring Committee, Madurai Corporation, Anna Maligai, Melur Road, Madurai District.
3.The Thasildar, Thasildar Office, Madurai West Taluk, Madurai District.
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J. NISHA BANU,J.
and S.SRIMATHY.J ta 27.03.2025 5/5