M.V.Elangumaran 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 M.V.Elangumaran

...Petitioner

-Vs1.The District Collector, Collectorate Office, Alwarpuram, Madurai - 625002.

2. The Commissioner, Madurai Corporation, Aringar Anna Maligai, Tallakulam. Madurai - 625002.

3.The Commissioner of Police, Madurai North Police Commissioner Office, City Commissioner Office, Alagar Koil Main Road, K.Pudur, Madurai - 625007.

...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 to consider the petitioners representation dated 21.03.2025 and take appropriate 1/5

action against the encroachers on the road and on the portion of the petitioners land in S.No.68/1, 68/5A, 69/1, 78/7, 86/5 situated at Siruthur Village within time frame fixed by this Court .

For Petitioner : Mr.A. Murugesan For R1 : Mr.S.S. Madhavan Additional Government Pleader For R2 : Mr. K. Sivabalan For R3 : A. Albert James Government Advocate

ORDER

(Order of the Court was made by J.NISHA BANU, J.) By consent, this writ petition is taken up for admission at the admission stage itself.

2.Mr.S.S.Madhavan, learned Additional Government Pleader, takes notice for the first respondent, Mr.A.Albert James, learned Government Advocate, takes notice for the third respondent and Mr.K.Sivabalan, learned counsel takes notice for the second respondent. 3.The grievance of the petitioner is that his representation dated 21.03.2025 seeking to take action against the encroachers in the subject property, has not been considered so far. Therefore, he has filed this Writ Petition. 2/5

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 first respondent to consider the representation of the petitioner dated 21.03.2025 by giving an opportunity of hearing to the petitioner 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, Collectorate Office, Alwarpuram, Madurai - 625002.

2. The Commissioner of Police, Madurai North Police Commissioner Office, City Commissioner Office, Alagar Koil Main Road, K.Pudur, Madurai - 625007.

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J. NISHA BANU,J.

and S.SRIMATHY.J ta 23.04.2025 5/5