A.Stalin 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 A.Stalin

...Petitioner

-Vs1.The District Collector, Theni District.

2.The Tahsildhar, Uthamapalayam, Theni District.

3.The Block Development Officer, Uthamapalayam, Theni District.

4.The Executive Officer, Anumandhanpatti, Theni District.

5.J.Rexan Sevear

...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 to 4 to remove the encroachment made on Public Pathway in Survey No.375/3, 1/5

Odaikulam, Anumandhanpatti, Uthamapalayam circle, Theni District by 5th respondent based on the representation dated 06.03.2025 preferred by the petitioner within time frame that may be stipulated by this Court. For Petitioner : Mr.M.Johnrobert Kennady For R1 & R2 : Mr.S.S.Madhavan Additional Government Pleader For R3 & R4 : Mr.M.Sarangan, Additional Government Pleader

ORDER

(Order of the Court was made by J.NISHA BANU, J.) Mr.S.S.Madhavan, learned Additional Government Pleader takes notice for the respondents 1 & 2 and Mr.M.Sarangan, learned Additional Government Pleader for the respondents 3 and 4. Considering the nature of the order proposed to be passed in this writ petition, notice to the fifth 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 06.03.2025 seeking to remove the encroachment made in the petition mentioned 2/5

property has not been considered so far. Therefore, he has filed this Writ Petition.

4.The learned Additional 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 06.03.2025 by giving an opportunity of hearing to the petitioner as well as the fifth 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 3/5

To 1.The District Collector, Theni District.

2.The Tahsildhar, Uthamapalayam, Theni District.

3.The Block Development Officer, Uthamapalayam, Theni District.

4.The Executive Officer, Anumandhanpatti, Theni District.

4/5

J. NISHA BANU,J.

and S.SRIMATHY.J ta 23.04.2025 5/5