J.Sudha v. The District Collector/Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2025

CORAM:

THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY J.Sudha

...Petitioner

-Vs1.The District Collector/Monitoring Committee, Office of the District Collector, Tirunelveli District, Tirunelveli.

2.The Tahsildar, Office of the Revenue Tahsildar, Cheranmahadevi Taluk, Cheranmahadevi, Tirunelveli District.

3.Pappa 4.Mani 5.Ramachandran 6.Mahendran 7.Cherman 8.Tamilselvan

...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 1st respondent to direct the 2nd respondent to remove the encroachment made in Survey No. 1/5

285/12, 288, 294 in Amman Kovil Street, Kooniyur Village, Cheranmahadevi Taluk, Tirunelveli District by the respondents No.3 to 8 as per the Reports of the VAO, Kooniyur Village dated Nil and the 2nd respondent in Na.Ka.A7/3875/2024 dated 18.03.2025 by completing the appeal proceedings of the respondents No.3 to 8 pending before the 1st respondent, within the period stipulated by this Court.

For Petitioner : Mr.A.Haja Mohideen For R1 & R2 : Mr.M.Sarangan Additional Government Pleader

ORDER

(Order of the Court was made by J.NISHA BANU, J.) Heard Mr.A.Haja Mohideen, learned counsel for the petitioner, Mr.M.Sarangan, learned Additional Government Pleader for the respondents 1 and 2. Considering the nature of the order proposed to be passed in this writ petition, notice to the respondents 3 to 8 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 seeking to remove the encroachment made in the petition mentioned property. But till today, the representation of the petitioner is kept pending without any progress.

2/5

4.The learned Additional Government Pleader for the respondents 1 and 2 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 Nil by giving an opportunity of hearing to the petitioner as well as the respondents 3 to 8 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.) 26.03.2025 Index:Yes/Nob Internet : Yes/No ta 3/5

To 1.The District Collector/Monitoring Committee, Office of the District Collector, Tirunelveli District, Tirunelveli.

2.The Tahsildar, Office of the Revenue Tahsildar, Cheranmahadevi Taluk, Cheranmahadevi, Tirunelveli District.

4/5

J. NISHA BANU,J.

and S.SRIMATHY.J ta 26.03.2025 5/5