Mariappan T v. The District Collector / Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.8117 of 2025 T.Mariappan ... Petitioner vs.

1.The District Collector/Monitoring Committee, Tenkasi District, Tenkasi.

2.The Tahsildar, V.K.Pudur Taluk, Tenkasi District.

3.The Village Administrative Officer, Kulaiyaneri Village, V.K.Pudur Taluk, Tenkasi.

4.Gunasekaran 5.Kandhayya ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made by the respondents 4 and 5 in the lands in S.No. 314/1, Kulaiyaneri Village, V.K.Pudur Taluk, Tenkasi District. 1/6

For Petitioner : Mr.T.Karthik Raja For RR 1 to 3 : Mrs.D.Farjana Ghousia Special Government Pleader

ORDER

(Order of the Court was made by J. NISHA BANU, J.) By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. Considering the limited relief sought for by the petitioner, notice to the respondents 4 and 5 is dispensed with. 2.It is the grievance of the petitioner that his representation dated 24.03.2025, seeking to remove the encroachment made by the respondents 4 and 5 in the lands in S.No.314/1, Kulaiyaneri Village, V.K.Pudur Taluk, Tenkasi District, is kept pending till date without any progress. Therefore, he has filed this Writ Petition with the aforesaid prayer. 2/6

3.The learned Special Government Pleader appearing for the respondents 1 to 3 submits that the representation of the petitioner would be considered and appropriate orders would be passed on its own merits within a period that may be stipulated by this Court.

4.Considering the limited scope of the prayer sought for by the petitioner and 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 this Writ Petition, we direct the respondents 1 to 3 to consider the representation of the petitioner dated 24.03.2025, after giving sufficient opportunity of personal hearing to the petitioner and the respondents 4 and 5 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.

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5.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

[J.N.B.,J.] & [S.S.Y.,J.] 21.04.2025 NCC : Yes / No Index : Yes / No ps Note: Registry is directed to mark a copy of this order to the private respondents.

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To 1.The District Collector/Monitoring Committee, Tenkasi District, Tenkasi.

2.The Tahsildar, V.K.Pudur Taluk, Tenkasi District.

3.The Village Administrative Officer, Kulaiyaneri Village, V.K.Pudur Taluk, Tenkasi.

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J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 21.04.2025 6/6