Sivakumar T v. The District Collector/Monitoring 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 T.Sivakumar ... Petitioner vs.

1.The District Collector/Monitoring Committee, Thanjavur District, Thanjavur.

2.The Tahsildar, The Tahsildar Office, Budalur Taluk, Thanjavur District.

3.Singaram 4.Chinnathambi 5.T.Rajam 6.Louis 7.Varathan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the second respondent to take necessary action and enquiry as against the encroachers/respondent Nos.3 to 7 herein in Survey Nos.47/4 and 47/5 situated at Thirukattupalli Village, Budalur 1/6

Taluk, Thanjavur District by way of implementing the first respondent communication letter in his proceedings O.Mu.H3/57556/2024 dated 27.12.2024 by considering the petitioner's representation dated 09.12.2024. For Petitioner : Mr.B.Anandan For RR 1 & 2 : Mr.J.Ashok 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 respondents 3 to 7 is dispensed with. 2.The grievance of the petitioner is that his representation dated 09.12.2024, seeking necessary action and an enquiry against the encroachers/respondents 3 to 7 in Survey Nos. 47/4 and 47/5, situated at Thirukattupalli Village, Budalur Taluk, Thanjavur District, by implementing the first respondent's proceedings dated 27.12.2024, has been kept pending without any progress. Hence, he has filed this Writ Petition seeking the aforesaid relief. 2/6

3.The learned Additional Government Pleader appearing for respondents 1 and 2 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 second respondent to consider the representation of the petitioner dated 09.12.2024, after affording a sufficient opportunity of personal hearing to both the petitioner and the respondents 3 to 7 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, Thanjavur District, Thanjavur.

2.The Tahsildar, The Tahsildar Office, Budalur Taluk, Thanjavur District.

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J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 28.04.2025 6/6