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Madras High CourtWP(MD)/2137/2015disposed of

Sowariraj v. The Collector, Collectorate

2015-02-18Honourable Mr Justice B. Rajendran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2015

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD)No.2137 of 2015 I.Sowariraj ... Petitioner Vs.

1. The Collector, Collectorate, Tirunelveli, Tirunelveli District.

2. The Block Development Officer, Melaneelatha Nallur, Tirunelveli District.

3. The Tahsildar, Sankarankoil, Tirunelveli District.

4. The President, Kulasegaramangalam Panchayat, Sankarankoil Taluk, Tirunelveli District.

5. T.Dharmaraj ... Respondents PRAYER: Writ Petitions are filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 3 to consider the representation of the petitioner dated 28.01.2015 in the light of the proceedings of the third respondent in Ref:O.M.A9/6183/10 dated 06.04.2010 and remove the encroachment in a common pathway which is belongs to the Government situated in Survey No.635/19, in Thannuthu Village, Kulasegaramangalam Panchayat, Tirunelveli District. For Petitioner : Mr.D.Muthukumar For R1 & R3 : Mr.T.R.Janarthanan Government Advocate For R2 & R4 : Mr.M.Rajarajan Government Advocate

O R D E R

The Writ Petition has been filed for a direction to the respondents 1 to 3 to consider the representation of the petitioner dated 28.01.2015 in the light of the proceedings of the third respondent in Ref:O.M.A9/6183/10 dated 06.04.2010 and remove the encroachment in a common pathway which belongs to the Government situated in Survey No.635/19 at Thannuthu Village, Kulasegaramangalam Panchayat, Tirunelveli District.

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2. The learned counsel for the petitioner submitted that it would suffice if the representation of the petitioner is disposed of, on merits and in accordance with law, within a time frame to be fixed by this Court.

3. In view of the limited scope of the prayer, the respondents 1 to 3 are directed to consider the representation of the petitioner dated 28.01.2015 and pass orders on merits and in accordance with law, after giving notice to the fifth respondent.

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

Sd/- Assistant Registrar(AE) /True copy/ sub Assistant Registrar akv To

1. The Collector, Collectorate, Tirunelveli, Tirunelveli District.

2. The Block Development Officer, Melaneelatha Nallur, Tirunelveli District.

3. The Tahsildar, Sankarankoil, Tirunelveli District.

4. The President, Kulasegaramangalam Panchayat, Sankarankoil Taluk, Tirunelveli District.

+1cc to MR.D.SELVANAYAGAM, ADVOCATE IN SR NO. 7535 +2cc to Special Government Pleader Sr NO. 7802 & 8092 W.P.(MD)No.2137 of 2015 18.02.2015 rg.02.03.2015 2p.8c.

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