Mahavishnu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.04.2025

CORAM:

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

...Petitioner

-Vs1.The District Collector, Collectorate, Dindigul District.

2.The Revenue Divisional Officer, Palani, Dindigul District.

3.The Tashildar, Oddanchathiram, Dindigul District.

4.Kowsalya

...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 3 and 4 to remove the encroachment made the 5th respondent in Survey Nos. 99/7A3 and 99/7B4 situated at Vittamapatti Village, Viralimalai Taluk, Pudukkottai District by implementing the memorandum of the 2nd respondent in O.Mu. 1/4

2895771/2025/A1 dated 29.01.2025 by considering the representations of the petitioner dated 20.01.2025 and 03.03.2025.

For Petitioner : Mr.S.Karthik For R1 to R3 : Mrs.D.Farjana Ghoushia Special Government Pleader

ORDER

(Order of the Court was made by J.NISHA BANU, J.) Mrs.D.Farjana Ghoushia, learned Special 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 fourth respondent is dispensed with.

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 27.08.2024 seeking to remove the encroachment made in the petition mentioned property have not been considered so far. Therefore, he has filed this Writ Petition.

4.The learned Special Government Pleader appearing on behalf of the respondents submits that the representation of the petitioner would be considered 2/4

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 27.08.2024 by giving an opportunity of hearing to the petitioner as well as the fourth 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.) 23.04.2025 Index:Yes/No Internet : Yes/No ta To 1.The District Collector, Collectorate, Dindigul District.

2.The Revenue Divisional Officer, Palani, Dindigul District.

3.The Tashildar, Oddanchathiram, Dindigul District.

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J. NISHA BANU,J.

and S.SRIMATHY.J ta 23.04.2025 4/4