Selvan v. The District Collector / Monitoring Committee

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 Selvan

...Petitioner

-Vs1.The District Collector / Monitoring Committee, Tirunelveli District.

2.The Sub-Collector, Cheranmahadevi, Tirunelveli District.

3.The Tahsildar, Cheranmahadevi Taluk, Tirunelveli District.

4.N.Devaraj

...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 3 to remove the encroachment made by the 4th respondent in the Government waste land classified as pathway in S.No.499/1 at Thiruviruthanpulli (Part-II) Village, Cheranmahadevi Taluk, Tirunelveli District by considering the representations dated 03.03.2025 and 24.03.2025 within a time frame. 1/4

For Petitioner : Mr.D.Venkatesh For R1 to R3 : Mr.P.Thilak Kumar Government Pleader

ORDER

(Order of the Court was made by J.NISHA BANU, J.) Mr.P.Thilak Kumar, learned 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 representations dated 03.03.2025 and 24.03.2025 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 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.

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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 representations of the petitioner dated 03.03.2025 and 24.03.2025 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 / Monitoring Committee, Tirunelveli District.

2.The Sub-Collector, Cheranmahadevi, Tirunelveli District.

3.The Tahsildar, Cheranmahadevi Taluk, Tirunelveli District.

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J. NISHA BANU,J.

and S.SRIMATHY.J ta 23.04.2025 4/4