Pasumpon A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.13694 of 2025 A.Pasumpon ... Petitioner -Vs1.The District Collector, Collector Office Campus, Theni District.

2.The Municipality Commissioner, Municipality Commissioner Office, Theni District.

3.The Superintendent of Police, Office of the Police Superintendent, Theni District.

4.Seeniyappan 5.Periyamuthu 6.Chandru ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to remove the encroachment made by the respondents 4 to 6 in the petitioner's property, take

proper action on the respondents 4 to 6 and provide adequate protection to the petitioner from them, based on the petitioner's representation dated 31.03.2025 sent through RPAD to the respondents 1 to 3 herein. For Petitioner : Mr.A.S.Murugan For R1 : Mr.J.Ashok, Additional Government Pleader For R2 : Mr.G.Kaleeswaran For R3 : Mr.A.Albert James, Government Advocate (Crl.Side)

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 stage of admission itself.

2.It is the grievance of the petitioner that his representation dated 31.03.2025, seeking removal of the encroachment made by the respondents 4 to 6 in the petitioner's property, take proper action on the respondents 4 to 6 and provide adequate protection to the petitioner from them, is kept pending till date without any progress. Therefore, he has filed this Writ Petition.

3.Mr.G.Kaleeswaran, learned counsel, who takes notice for the 2nd respondent, submits that 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.

4.Notice to the respondents 4 to 6 is dispensed with, since no adverse order is going to be passed as against them.

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 this Writ Petition, we direct the 2nd respondent to consider the representation of the petitioner dated 31.03.2025, after giving sufficient opportunity of hearing to the petitioner and the respondents 4 to 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.

6.With the above direction, this Writ Petition is disposed of. No costs. [J.N.B., J.] & [S.S.Y., J.] 30.04.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The District Collector, Collector Office Campus, Theni District.

2.The Municipality Commissioner, Municipality Commissioner Office, Theni District.

3.The Superintendent of Police, Office of the Police Superintendent, Theni District.

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva W.P.(MD)No.13694 of 2025 30.04.2025