Anbalagan A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY A.Anbalagan ... Petitioner vs.

1.The District Collector, Theni, Theni District.

2.The Divisional Engineer (Highways), National Highways Department, Construction and Maintenance, Theni Region, Theni District - 625 531.

3.The Tahsildar, Tahsildar Office, Sriram Nagar, Unjampatti, Theni District.

4.The Assistant Executive Engineer, Palanichettiyapatti Town Panchayat, Theni District.

5.A.Sundaravalli 6.V.P.Ammavasai 7.N.Sivakumar 1/6

8.M.Pandeeswaran 9.S.Nagarajan 10.M.Divya Pushpam 11.S.Muruganandam 12.A.Mithun Chakravarthi 13.M.Vanaraja 14.P.Karuppasamy 15.K.Mariappan 16.P.Murugan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents 1 to 4 to take necessary action in accordance in with law for removal of encroachment the public road made by the private respondents in Ward Nos.4 and 5 of Kamatchi Amman Kovil Road and Palaniyappa Street in Palanichettipatti Town Panchayat, Theni Taluk, Theni District based on the petitioner's representation dated 11.04.2025.

For Petitioner : Mr.T.Ragupandi 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 for by the petitioner, notice to the respondents 5 to 16 is dispensed with. 2/6

2.The grievance of the petitioner is that his representation dated 11.04.2025, seeking to take necessary action for removal of encroachment in the public road made by the private respondents in Ward Nos.4 and 5 of Kamatchi Amman Kovil Road and Palaniyappa Street in Palanichettipatti Town Panchayat, Theni Taluk, Theni District, has been kept pending without any progress. Hence, 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 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 11.04.2025, after affording sufficient opportunity of personal hearing to both the petitioner and the respondents 5 to 16 and to pass appropriate 3/6

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, this Writ Petition is disposed of. There shall be no order as to costs.

[J.N.B.,J.] & [S.S.Y.,J.] 29.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps Note: Registry is directed to mark a copy of this order to the private respondents.

4/6

To 1.The District Collector, Theni, Theni District.

2.The Divisional Engineer (Highways), National Highways Department, Construction and Maintenance, Theni Region, Theni District - 625 531.

3.The Tahsildar, Tahsildar Office, Sriram Nagar, Unjampatti, Theni District.

4.The Assistant Executive Engineer, Palanichettiyapatti Town Panchayat, Theni District.

5/6

J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 29.04.2025 6/6