P.Murugan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2025
CORAM:
THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY P.Murugan
...Petitioner
-Vs1.The District Collector, Theni District.
2.The District Revenue Officer, Theni District.
3.The Revenue Divisional Officer, Uthamapalayam, Theni District.
4.The Tahsildar, Uthamapalayam Taluk, Theni District.
5.Pavun Raj 6.Dhanalakshmi
...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 No.1 to 4 to remove the encroachment made by the Respondents No.5 and 6 in the 1/5
Government property situated in Natham Survey No.562/29, to an extent of 30 cents, situated at Karuppasamy Kovil Street, Erasakkanayakanur, Uthamapalayam Taluk, Theni District based on my representation dated 01.02.2025 and 20.02.2025.
For Petitioner : Mr.H.Mahamed Hussain For R1 to R4 : Mr.M.Sarangan Additional Government Pleader
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.M.Sarangan, learned Additional Government Pleader, takes notice for the respondents 1 to 4. Considering the nature of the order proposed to be passed in this writ petition, notice to the respondents 5 and 6 is dispensed with. 3.The grievance of the petitioner is that his representations dated 01.02.2025 and 20.02.2025 seeking to remove the encroachment made in the petition mentioned property, have not been considered so far. Therefore, he has filed this Writ Petition.
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4.The learned Additional Government Pleader appearing on behalf of the official respondents submits that the subject property is classified as natham in the revenue records and 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 representations of the petitioner 01.02.2025 and 20.02.
2025 by giving an opportunity of hearing to the petitioner as well as the respondents 5 and 6 and also considering the classification of the land in question 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.) 29.04.
To 1.The District Collector, Theni District.
2.The District Revenue Officer, Theni District.
3.The Revenue Divisional Officer, Uthamapalayam, Theni District.
4.The Tahsildar, Uthamapalayam Taluk, Theni District.
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J. NISHA BANU,J.
and S.SRIMATHY.J ta 29.04.2025 5/5