Raman K v. The District Collector / Monetary Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY K.Raman ... Petitioner vs.

1.The District Collector/Monitoring Committee, Sivaganai District, Sivagangai.

2.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

3.The Tahsildar, Taluk Office, Thiruppuvanam Taluk, Sivagangai.

4.The Block Development Officer, Thiruppuvanam Panchayat Union, Thiruppuvanam, Sivagangai District.

5.Kalimuthu ... Respondents 1/6

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachment made by the fifth respondent in the common pathway in Natham Old Survey No.192, New Survey No.405/1 situated at T.Vaviyarendhal, Thiruppuvanam Taluk, Sivagangai District by considering the petitioner's representation dated 08.04.2025 within the stipulated time fixed by this Court.

For Petitioner : Mr.S.K.Muthamil Venthan For RR 1 to 3 : Mr.M.Sarangan Additional Government Pleader For R - 4 : Mr.S.S.Madhavan Additional Government Pleader

ORDER

(Order of the Court was made by J. NISHA BANU, J.) By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself. Considering the limited relief sought for by the petitioner, notice to the fifth respondent is dispensed with. 2.The grievance of the petitioner is that his representation dated 08.04.2025, seeking to remove the encroachment made by the fifth respondent in 2/6

the common pathway in Natham Old Survey No.192, New Survey No.405/1 situated at T.Vaviyarendhal, Thiruppuvanam Taluk, Sivagangai District, has been kept pending without any progress. Hence, he has filed this Writ Petition seeking the aforesaid relief.

3.The learned Additional Government Pleader appearing for respondents 1 to 3 submits that the representation of the petitioner will be considered and appropriate orders will be passed on its own merits within a time frame stipulated by this Court.

4.Considering the limited scope of the relief sought for by the petitioner and without expressing any opinion on the merits of the petitioner's claim either in the representation or in the affidavit filed in support of this Writ Petition, we direct the third respondent to consider the representation of the petitioner dated 08.04.2025, after affording a sufficient opportunity of personal hearing to both the petitioner and the fifth respondent and to 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. 3/6

5.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

[J.N.B.,J.] & [S.S.Y.,J.] 28.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps Note: Registry is directed to mark a copy of this order to the private respondents.

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To 1.The District Collector/Monitoring Committee, Sivaganai District, Sivagangai.

2.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

3.The Tahsildar, Taluk Office, Thiruppuvanam Taluk, Sivagangai.

4.The Block Development Officer, Thiruppuvanam Panchayat Union, Thiruppuvanam, Sivagangai District.

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J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 28.04.2025 6/6