Lilly Pushpam v. The District Collector / Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2025

CORAM:

THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY Lilly Pushpam

...Petitioner

-Vs1.The District Collector / Monitoring Committee, District Collectorate, Tuticorin District.

2.The Tahsildar, Kovilpatti Taluk, Tuticorin District.

3.The CSI Church, Represented by its Church Priest, C.S.I. East Street, Ilayarasanendal Village, Kovilpatti Taluk, Tuticorin District.

...Respondents

PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 and 2 to remove the unauthorized compound wall constructed by the 3rd respondent in SF.No.699/14 which blocks the access to the public in to the public pathway in 1/5

SF.No.699/8 and to the public Well in 699/19 which is situated at Ilayarasanendal Village, Kuruvikulam, Union, Kovilpatti Taluk, Tuticorin District in line with G.O.Ms.No.437 of Revenue Department dated 13.09.2010 and based on the petitioners representation dated 20.03.2025.

For Petitioner : Mr.S.Ramanathan For R1 and R2 : 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 admission at the admission stage itself.

2.Mr.P.Thilak Kuamar, learned Government Pleader, takes notice for the respondents 1 and 2. Considering the nature of the order proposed to be passed in this writ petition, notice to the third respondent is dispensed with. 3.The grievance of the petitioner is that his representation dated 20.03.2025 seeking to remove the unauthorized compound Wall constructed in the petition mentioned property, has not been considered so far. Therefore, he has filed this Writ Petition.

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4.The learned Government Pleader appearing on behalf of the official 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 second respondent to consider the representation of the petitioner dated 20.03.2025 by giving an opportunity of hearing to the petitioner as well as the third 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. No costs. (J.N.B.,J.) (S.S.Y.,J.) 25.04.2025 Index:Yes/No Internet: Yes/No ta 3/5

To 1.The District Collector / Monitoring Committee, District Collectorate, Tuticorin District.

2.The Tahsildar, Kovilpatti Taluk, Tuticorin District.

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J. NISHA BANU,J.

and S.SRIMATHY.J ta 25.04.2025 5/5