C.Kandhasamy v. The District Collector / 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 C.Kandhasamy

...Petitioner

-Vs1.The District Collector / Monitoring Committee, District Collector Office, Trichy, Trichy District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Manapparai, Trichy District.

3.The Tahsildar, Manapparai Taluk, Trichy District.

4.The Block Development Officer, Block Development Office, Vaiyampatti, Trichy District.

5.Gopal 6.Senthil

...Respondents

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PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 1st to 4th respondents to remove the encroachments in common pathway in Old survey No. 158/1pa new Survey No.555/10 situated at Vairampatti, Vaiyampatti Post, Manapparai Taluk, Trichy District made by the fifth and sixth respondents by considering the representation dated 22.08.2024. For Petitioner : Mr.N.Balasubramanian For R1 to R4 : Mr.P.Thilak Kumar Government Pleader

ORDER

(Order of the Court was made by J.NISHA BANU, J.) Heard Mr.N.Balasubramanian, learned counsel for the petitioner, Mr.P.Thilak Kumar, learned Government Pleader for the respondents 1 to 4. Considering the nature of the order proposed to be passed in this writ petition, notice to the fifth and sixth respondents 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 22.08.2024 seeking to remove the encroachment made in 2/5

the petition mentioned property. But till today, the representation of the petitioner is kept pending without any progress. 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 third respondent to consider the representation of the petitioner dated 22.08.2024 by giving an opportunity of hearing to the petitioner as well as the fifth and sixth respondents 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 / Monitoring Committee, District Collector Office, Trichy, Trichy District.

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2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Manapparai, Trichy District.

3.The Tahsildar, Manapparai Taluk, Trichy District.

4.The Block Development Officer, Block Development Office, Vaiyampatti, Trichy District.

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J. NISHA BANU,J.

and S.SRIMATHY.J ta 28.03.2025 5/5