Maharajan v. The Block Development Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY Maharajan ... Petitioner vs.

1.The Block Development Officer, Block Development Office, Melur, Madurai.

2.The Tahsildar, Melur, Madurai.

3.The Village Administration Officer, Thiruvadavur, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first respondent to remove the encroachment made in the public pathway/road side situate near in S.No.605/6, Ulagubichanpatti Main Road, Thiruvadavur, Melur, Madurai based on the communication issued by the first respondent dated 09.01.2025. 1/6

For Petitioner : Mr.S.Deenadhayalan For R - 1 : Mr.M.Sarangan Additional Government Pleader For RR 2 & 3 : Mr.J.Ashok Additional Government Pleader

ORDER

(Order of the Court was made by J. NISHA BANU, J.) By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2.The petitioner has filed the Writ Petition for a direction, directing the first respondent to remove the encroachment made in the public pathway/road side situated near in S.No.605/6, Ulagubichanpatti Main Road, Thiruvadavur, 3.It is the grievance of the petitioner that he made a complaint through PG portal with regard to the encroachment. The first respondent sent a communication to the second respondent on 09.01.2025 stating that there is an 2/6

encroachment in the public pathway/road and requested the second respondent to remove the same. However, the same is kept pending till date without any progress. Therefore, he has filed this Writ Petition with the aforesaid prayer. 3.The learned Additional Government Pleader appearing for the first respondent and respondents 2 and 3 submit that the same would be considered and appropriate orders would be passed on its own merits within a period that may be stipulated by this Court.

4.Considering the facts and circumstances of the case, we direct the respondents 2 and 3 to remove the encroachment made in the public pathway/road side situated in S.No.605/6, Ulagubichanpatti Main Road, Thiruvadavur, Melur, Madurai, based on the communication issued by the first respondent dated 09.01.2025, after giving sufficient opportunity of hearing to the petitioner and other interested parties, if any 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.

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5.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

[J.N.B.,J.] & [S.S.Y.,J.] 27.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The Block Development Officer, Block Development Office, Melur, Madurai.

2.The Tahsildar, Melur, Madurai.

3.The Village Administration Officer, Thiruvadavur, 5/6

J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 27.03.2025 6/6