Ilayaraja v. The District Collector / Monitoring Committee
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 Ilayaraja
...Petitioner
-Vs1.The District Collector/Monitoring Committee, Theni District, Theni.
2.The Assistant Director, Town Panchayat, Collectorate, Theni District, Theni.
3.The Executive Officer, Palanichetty Patty, Town Panchayat, Palanichetty Patty, Theni.
4.S.Nagarj 5.S.Muruganantham 6.M.Ganagaraj 7.S.Vinothikumar 8.S.Kannadhasan 9.S.Chellapandi 10.S.Parvathy 1/5
11.S.Vijaya Lakshmi 12.S.Rajamani 13.K.Malathy 14.S.Malarvizhi 15.A.Rasudevar 16.S.Maarmuthammal 17.Sundar 18.M.Karunanithi 19.S.Annalakshmi 20.R.Karthik 21.M.Kamalam 22.M.Saravanakumar 23.A.Manikandan
...Respondents
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 3 herein to remove the encroachments made on sugadev street public road and drainage by respondents 4 to 23 situated in 8th ward palanichetty patty town panchayat, Theni district and also to lay road widening to its original width removing encroachment considering the petitioner's representation dated 24.01.2025 within time stipulated by this Court. For Petitioner : Mr.A.Banumathy For R1 to R3 : Mr.P.Thilak Kumar Government Pleader
ORDER
(Order of the Court was made by J.NISHA BANU, J.) Mr.P.Thilak Kumar, learned Government Pleader takes notice for the respondents 1 to 3. Considering the nature of the order proposed to be passed in this writ petition, notice to the respondents 4 to 23 is dispensed with. 2/5
2.By consent, this writ petition is taken up for hearing at the admission stage itself.
3.The grievance of the petitioner is that his representation dated 24.01.2025 seeking to remove the encroachment made in the petition mentioned property has not been considered so far. Therefore, he has filed this Writ Petition.
4.The learned Government Pleader appearing on behalf of the respondents 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 first respondent to consider the representation of the petitioner dated 24.01.2025 by giving an opportunity of hearing to the petitioner as well as the respondents 4 to 23 and pass appropriate orders on merits and in accordance with law within a 3/5
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 Internet : Yes/No ta To 1.The District Collector/Monitoring Committee, Theni District, Theni.
2.The Assistant Director, Town Panchayat, Collectorate, Theni District, Theni.
3.The Executive Officer, Palanichetty Patty, Town Panchayat, Palanichetty Patty, Theni.
4/5
J. NISHA BANU,J.
and S.SRIMATHY.J ta 03.04.2025 5/5