T. Jayakumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2025

CORAM:

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

1.The District Collector, Nagercoil, 2.Sub-Collector, Padmanathapuram, Thuckalay (P.O), Kanyakumari District.

3.Assistant Director (Town Panchayat), Nagercoil, Kanyakumari District.

4.The Executive Officer, Karungal Town Panchayat, 5.The Tahsildar, Killiyoor Taluk, Tholavattam P.O, 1/6

6.The Superintendent of Police, 7.The Inspector of Police, 8.Varghesh ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 7 to remove the unauthorized construction made by the eighth respondent in Survey No.619/18A, Karungal Village, Killiyoor Taluk, Padmanabhapuram Division, Kanyakumari District based on the representation dated 10.12.2024 within a fime frame.

For Petitioner : Mr.P.F.Ferlin Castro For RR 1 to 3 & 5 : Mr.S.S.Madhavan Additional Government Pleader For R - 4 : Mr.M.Sarangan Additional Government Pleader For RR 6 & 7 : Mr.A.Albert James Government Advocate (Criminal Side) 2/6

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. Considering the limited relief sought for by the petitioner, notice to the 8th respondent is dispensed with. 2.It is the grievance of the petitioner that his representation dated 10.12.2024 to remove the unauthorized construction made by the eighth respondent in Survey No.619/18A, Karungal Village, Killiyoor Taluk, Padmanabhapuram Division, Kanyakumari District, 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 respondents 1 to 3 and 5 submits that the representation of the petitioner would be considered and appropriate orders would be passed on its own merits within a period that may be stipulated by this Court.

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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 this Writ Petition, we direct the first respondent to consider the representation of the petitioner dated 10.12.2024, after giving sufficient opportunity of personal hearing to the petitioner and the 8th respondent 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.

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.] 03.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The District Collector, Nagercoil, 2.Sub-Collector, Padmanathapuram, Thuckalay (P.O), Kanyakumari District.

3.Assistant Director (Town Panchayat), Nagercoil, Kanyakumari District.

4.The Executive Officer, Karungal Town Panchayat, 5.The Tahsildar, Killiyoor Taluk, Tholavattam P.O, 6.The Superintendent of Police, 7.The Inspector of Police, 5/6

J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 03.04.2025 6/6