Ashok Kumar S v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.8801 of 2025 S.Ashok Kumar ... Petitioner vs.
1.The The District Collector, Collectorate, Tirunelveli District.
2.The Sub Collector, Office of the Sub Collector, Cheranmahadevi Taluk, Tirunelveli District.
3.The Tahsildar, Cheranmahadevi Taluk, Tirunelveli District.
4.The Block Development Officer, Block Development Officer, Cheranmahadevi Taluk, Tirunelveli District.
5.Pathamadai Adi Dravidar Mahajana Seerthirutha Sangam, Represented by its President, M.Ramachandran. 1/6
6.Kingsly Peter Arumairaj ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent Nos.1 to 4 to remove the encroachment made by the respondent Nos.5 and 6 by constructing the unauthorized commercial shop buildings and house in the earmarked park area namely Gandhi Park at Government porampoke land in Survey No.314/B situated at Pathamadai, Cheranmahadevi Taluk, Tirunelveli District and restore the park for the welfare of the villagers by considering the petitioner's representation dated 02.04.2025 within the time stipulated by this Court. For Petitioner : Mr.I.Pinaygash For RR 1 to 4 : Mr.P.Thilak Kumar 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 by the petitioner, notice to respondents 5 and 6 is dispensed with. 2/6
2.The grievance of the petitioner is that his representation dated 02.04.2025, seeking removal of encroachments made by the respondents 5 and 6 by constructing unauthorized commercial shops and a house in the earmarked park area, namely Gandhi Park, situated on Government poramboke land in Survey No.314/B at Pathamadai, Cheranmahadevi Taluk, Tirunelveli District and to restore the park for the welfare of the villagers, remains pending without any progress. Therefore, he has filed this Writ Petition seeking the aforesaid relief. 3.The learned Government Pleader appearing for respondents 1 to 4 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 by the petitioner and without expressing any opinion on the merits of the petitioner's claim in the representation or the affidavit filed in support of the Writ Petition, we direct respondents 1 to 4 to consider the representation of the petitioner dated 02.04.2025, after giving sufficient opportunity of personal hearing to both the 3/6
petitioner and the respondents 5 and 6, 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.
5.With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.
[J.N.B.,J.] & [S.S.Y.,J.] 24.04.2025 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 The District Collector, Collectorate, Tirunelveli District.
2.The Sub Collector, Office of the Sub Collector, Cheranmahadevi Taluk, Tirunelveli District.
3.The Tahsildar, Cheranmahadevi Taluk, Tirunelveli District.
4.The Block Development Officer, Block Development Officer, Cheranmahadevi Taluk, Tirunelveli District.
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J.NISHA BANU , J.
and S.SRIMATHY, J.
ps ORDER MADE IN DATED : 24.04.2025 6/6