Murugasekar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2025
CORAM:
THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY Murugasekar
...Petitioner
-Vs1.The District Collector, Thoothukudi District, Thoothukudi.
2.The Revenue Divisional Officer, Thiruchendur Sub Division, Thoothukudi District.
3.The Tahsildar, Eral Taluk, Thoothukudi District.
4.The Block Development Officer, Alwarthirunagari at Thenthiruperai, Thoothukudi District.
5.The President/Administrative officer, Kurangani Village Panchayat, Eral Taluk, Thoothukudi District.
6.Jeyamurugan
...Respondents
1/5
PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents 1 to 5 to remove the encroachment made by the sixth respondent in the public street, namely Nehruji Street to an extent of 0.03 ares ie., 3 Sq.mtrs out of 02.08 Ares comprised in S.No.106/68, Mavadipannai Village, Kurangani Village Panchayat, Eral Taluk, Thoothukudi District, within the time stipulated by this Court on the basis of the petitioner's representation dated 28.02.2025 in light of the communication issued by the third respondent vide Na.Ka.Aa1/6984/2024 dated 07.01.2025.
For Petitioner : Mr.R.Shankar Ganesh For R1 to R5 :Mr.P.Thilak Kumar Government Pleader
ORDER
(Order of the Court was made by J.NISHA BANU, J.) By consent, this writ petition is taken up for hearing at the admission stage itself.
2.Mr.P.Thilak Kumar, learned Government Pleader takes notice for the respondents1 to 5. Considering the nature of the order proposed to be passed in this writ petition, notice to the sixth respondent is dispensed with. 3.It is the grievance of the petitioner that his representation dated 28.02.2025 seeking to remove the encroachment made in the petition mentioned 2/5
property has not been considered so far. Therefore, he has filed this Writ Petition.
4.The learned Government Pleader appearing on behalf of the official respondents submits that already survey has been conducted and some encroachments were found in the subject property. He further 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 third respondent to consider the representation of the petitioner dated 28.02.2025 by giving an opportunity of hearing to the petitioner 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.) 03.04.2025 Index:Yes/No ta 3/5
To 1.The District Collector, Thoothukudi District, Thoothukudi.
2.The Revenue Divisional Officer, Thiruchendur Sub Division, Thoothukudi District.
3.The Tahsildar, Eral Taluk, Thoothukudi District.
4.The Block Development Officer, Alwarthirunagari at Thenthiruperai, Thoothukudi District.
5.The President/Administrative officer, Kurangani Village Panchayat, Eral Taluk, Thoothukudi District.
4/5
J. NISHA BANU,J.
and S.SRIMATHY.J ta 03.04.2025 5/5