Gopinath Chettiar B v. The District Collector/Chairperson District Monitoring Committee,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.04.2025 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY B.Gopinath Chettiar ... Petitioner vs.

1. The District Collector/Chairperson, District Monitoring Committee, Dindigul District.

2. The Assistant Director of Town Panchayats, Collectorate Campus, Dindigul.

3. The Executive Officer, Chinnalapatti Town Panchayat, Dindigul District.

4. G.Balakrishnan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 3 herein to take action for removing the illegal construction of concrete channel by the 4th respondent in Survey No. 57/2 at Ambathurai Village, Aathoor Taluk, Dindigul District, on the 1/5

basis of the petitioner's representation dated 10.02.2024 within a time frame.

For Petitioner : Mr.D.Venkatesh For R1 to R3 : Mr.J.Ashok Additional Government Pleader For R4 : Mr.J.Lawrance

ORDER

(Order of the Court was made by J.NISHA BANU, J.) The prayer in this writ petition is for issuance of a Writ of Mandamus, directing the respondents 1 to 3 herein to take action for removing the illegal construction of concrete channel by the 4th respondent in Survey No. 57/2 at Ambathurai Village, Aathoor Taluk, Dindigul District, on the basis of the petitioner's representation dated 10.02.2024 within a time frame.

2.

Though the petitioner sought for the abovesaid prayer, today, when the writ petition was taken up for hearing, learned counsel appearing for the petitioner submitted that it is suffice if a direction is issued to the official respondents to consider and dispose of the 2/5

petitioner's representation dated 10.02.2024, within a time frame to be fixed by this Court.

3.

Learned Additional Government Pleader appearing for the official respondents submitted that the representation of the petitioner dated 10.02.2024 would be considered by the concerned respondent and appropriate orders would be passed on its own merits within a time frame that may be stipulated by this Court.

4.

Heard both sides.

5.

In the light of the above observations, there shall be a direction to the respondents to consider the petitioner's representation dated 10.02.2024, on its own merits and pass appropriate orders in accordance with law, after giving opportunity of personal hearing to the petitioner, private respondent, as well as all other persons, who may be interested in the subject property, within a period of three months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the 3/5

matter and that it is open to the concerned respondent to consider the same on its own merits.

6.

With the above direction, the Writ Petition stands disposed of. No costs.

[J.N.B, J.] [S.S.Y, J.] 23.04.2025 Index : Yes / No bala To

1. The District Collector/Chairperson, District Monitoring Committee, Dindigul District.

2. The Assistant Director of Town Panchayats, Collectorate Campus, Dindigul.

3. The Executive Officer, Chinnalapatti Town Panchayat, Dindigul District.

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J.NISHA BANU, J.

AND S.SRIMATHY, J.

bala ORDER MADE IN DATED : 23.04.2025 5/5