Kothaiammal v. The District Collector

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.8238 of 2025 Kothaiammal ... Petitioner vs.

1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Revenue Divisional Officer, Kovilpatti, 3.The Tahsildar, 4.The Block Development Officer, Pudur, Vilathikulam Taluk, 5.The President, Ayan Vadamalapuram Village Panchayat, Ettaiyapuram Taluk, Thoothukudi District.

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6.The Inspector of Police, Masarpatti Police Station, 7.Kaleeswaran ... 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 6 to take immediate action against the seventh respondent and remove the encroachments made by the seventh respondent in the public street in Survey Nos.877/19 and 877/23 and unauthorized construction in Survey No. 877/20 situated at Ayan Vadamalapuram Village, Ettaiyarpuram Taluk, Thoothukudi District within the time stipulated by this Court. For Petitioner : Mr.M.Kannan For RR 1 to 3 : Mr.S.S.Madhavan Additional Government Pleader For RR 4 & 5 : Mr.M.Sarangan Additional Government Pleader For R - 6 : Mr.A.Albert James Government Advocate (Criminal Side) 2/6

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 seventh respondent is dispensed with. 2.It is the grievance of the petitioner that her representation dated 10.04.2025, seeking to take immediate action against the seventh respondent and remove the encroachments made by the seventh respondent in the public street in Survey Nos.877/19 and 877/23 and unauthorized construction in Survey No. 877/20 situated at Ayan Vadamalapuram Village, Ettaiyarpuram Taluk, Thoothukudi District, is kept pending till date without any progress. Therefore, she has filed this Writ Petition with the aforesaid prayer. 3.The learned Additional 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.

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4.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 this Writ Petition, we direct the respondents 1 to 5 to consider the representation of the petitioner dated 10.04.2025, after giving sufficient opportunity of personal hearing to the petitioner and the seventh 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.

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 Internet : Yes 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, Thoothukudi District, Thoothukudi.

2.The Revenue Divisional Officer, Kovilpatti, 3.The Tahsildar, 4.The Block Development Officer, Pudur, Vilathikulam Taluk, 5.The President, Ayan Vadamalapuram Village Panchayat, Ettaiyapuram Taluk, Thoothukudi District.

6.The Inspector of Police, Masarpatti Police Station, 5/6

J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 21.04.2025 6/6