S.Nagappan v. The Secretary
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 S.Nagappan
...Petitioner
-Vs1.The Secretary, Government of Tamil Nadu, Department of Revenue, Fort.St.George, Chennai - 600009.
2.The District Collector, Dindigul District, Dindigul.
3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Palani, Dindigul District.
4.The Tahsildar, Vedasanthur Taluk, Vedasanthur, Dindigul District.
5.The Block Development Office / Monitoring Committee, Vedasanthur Taluk, Vedasanthur, Dindigul District.
...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 respondents 2 to 5 to remove the obstructions and encroachments in the pathway from Kethampatti to Vedasandur road junction and Kethampatti to V.Pudupatti in Survey Number 25/2E, 25/2F, 117/1A2, 117/1B1, 113,77,75,85, 117/3, 117/1A1,136/-1A, 136/1B, 136/2, 136/3B, 137-2, 135/1, 135/3, 138/3, 139/2, 140/2, 140/5, 131/2 of V.Pudukottai Village, Vedasanthur Taluk, Dindigul District under the provisions of Land Encroachment Act 1905 and Revenue Standing order 26(15) as requested in the petitioners representation dated 13.02.2025. For Petitioner : Mr.P.Subbiah For R1 to R4 : Mr.M.Sarangan Additional Government Pleader
ORDER
(Order of the Court was made by J.NISHA BANU, J.) Heard Mr.P.Subbiah, learned counsel for the petitioner, Mr.M.Sarangan, learned Additional 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 respondent is dispensed with. 2.By consent, this writ petition is taken up for final disposal at the stage of admission itself.
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3.The petitioner claims that he has sent a representation to the official respondents herein on 13.02.2025 seeking to remove the encroachment made in the public pathway in 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 fourth respondent to consider the representation of the petitioner dated 13.02.2025 by giving an opportunity of hearing to the petitioner as well as any other parties, who are interested in the subject property and pass appropriate orders on merits and in accordance with law within a period of three [3] months 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 3/5
To 1.The Secretary, Government of Tamil Nadu, Department of Revenue, Fort.St.George, Chennai - 600009.
2.The District Collector, Dindigul District, Dindigul.
3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Palani, Dindigul District.
4.The Tahsildar, Vedasanthur Taluk, Vedasanthur, Dindigul District.
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J. NISHA BANU,J.
and S.SRIMATHY.J ta 28.03.2025 5/5