Madras High CourtWP(MD)/17461/2018disposed of

Muthukaruppa Malavara, v. The District Collector,

2018-08-06Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2018

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD)No.17461 of 2018 Muthukaruppa Malavara ... Petitioner Vs.

1. The District Collector, Pudukottai District, Pudukottai.

2. The Tahsildar, Kulathur Taluk, Taluk Office, Kulathur, Pudukottai District.

3. Arayee

4. Sudha ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 and 2 herein to take immediate action to remove the illegal encroachment made by the respondents 3 and 4 in Old S.No.37/3, New S.No.219/9 and S.No.37/6 situated at Melur Village, Kulathur Taluk, Pudukottai District, on the basis of the petitioner's representation, dated 25.07.2018.

For Petitioner : Mr.V.Selva For R1 and R2 : Mr.A.K.Baskara Pandian Special Government Pleader

O R D E R

[Order of the Court was made by M.M.SUNDRESH,J.] The petitioner has filed this Public Interest Litigation inter alia alleging that the respondent Nos.3 and 4 have encroached upon the public pathway.

2. Despite the representation made to the respondents 1 and 2 on 30.05.2018, no action is forthcoming. Hence, the present writ petition has been filed by the petitioner.

3. The learned counsel appearing for the petitioner would submit that the pending representation may be directed to be disposed of by the second respondent.

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4. Considering the above, we direct the second respondent to consider the representation of the petitioner dated 25.07.2018, and pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, after giving opportunity to both the petitioner as well as the respondents 3 and 4.

5. With the above direction, the writ petition stands disposed of. No costs.

Sd/ Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar (CS-I) To

1. The District Collector, Pudukottai District, Pudukottai.

2. The Tahsildar, Kulathur Taluk, Taluk Office, Kulathur, Pudukottai District.

+1cc to Mr.V.SELVA, Advocate, SR.No.77835 +1cc to M/s.Special Government Pleader,SR.No.77555 W.P.(MD)No.17461 of 2018 06.08.2018 AKV KK/RP/SAR-1/04.09.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/