P.Kumar v. The District Collector / Chairperson

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 P.Kumar ... Petitioner vs.

1.The District Collector/Chairperson, District Monitoring Committee, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Dindigul Sub Division, Dindigul District.

3.The Tahsildar, Dindigul West Taluk, Dindigul District.

4.The Executive Officer, Thadikombu Town Panchayat, Dindigul District.

5.The Inspector of Police, Thadikombu Police Station, Dindigul District.

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6.Veerasamy 7.Kalimuthu 8.Sadaiyandi 9.Murugesan 10.Munichamy 11.Shanmugam 12.Mani ... Respondents 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 illegal encroachment made by the respondents 6 to 12 along the South-North main road in Survey Nos.2181, 2176 and 2196, Boothipuram Village, Thadikombu Town Panchayat, Dindigul District and restore the same to the original use and for public access, consequently direct the respondents 1 to 5 to take necessary steps to prevent further encroachments and ensure that the public land meant for common use including religious rites and other public utilities, remain accessible to the general public within time frame fixed by this Court.

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For Petitioner : Mr.S.Balamurugan For RR 1 to 3 : Mr.J.Ashok Additional Government Pleader For R - 4 : Mr.S.S.Madhavan Additional Government Pleader For R - 5 : Mr.A.Albert James Government Advocate

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 6 to 12 is dispensed with. 2.The grievance of the petitioner is that his representation dated 29.11.2024, seeking the removal of illegal encroachments made by the respondents 6 to 12 along the South-North main road in Survey Nos.2181, 2176 and 2196, Boothipuram Village, Thadikombu Town Panchayat, Dindigul District and the restoration of the same to its original use for public access, has been kept pending without any progress. The petitioner has also sought a direction to the 3/6

respondents 1 to 5 to take necessary steps to prevent further encroachments and to ensure that the public land meant for common use, including religious rites and other public utilities, remains accessible to the general public. 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 29.11.2024, after affording a sufficient opportunity of personal hearing to both the petitioner and the respondents 6 to 12 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. 4/6

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.

To 1.The District Collector/Chairperson, District Monitoring Committee, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Dindigul Sub Division, Dindigul District.

3.The Tahsildar, Dindigul West Taluk, Dindigul District.

4.The Executive Officer, Thadikombu Town Panchayat, Dindigul District.

5.The Inspector of Police, Thadikombu Police Station, Dindigul District.

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J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 28.04.2025 6/6