R.Varatharajan 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 R.Varatharajan

...Petitioner

-Vs1.The District Collector, Dindigul District Collectorate, Dindigul.

2.The Revenue Divisional Officer, The Revenue Divisional Office, Dindigul, Dindigul District.

3.The Tahsildhar, Natham Taluk Office, Natham, Dindigul District.

4.Parali Pudhur Panchayat, Parali Pudhur, Natham Taluk, Dindigul District, Represented by its Secretary.

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5.R.B.Ramaiah 6.S.Patchaiyan 7.Chellammal

...Respondents

PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents 1 to 4 to take appropriate action to restore the cart track in the land in Survey No. 234, situating in Pudhur Village, Natham Taluk, Dindigul District by cancelling the 2C Mara patta as well as remove the encroachment of the respondents 5 to 7 by considering the petitioner's representation dated 30.08.2024 and 26.12.2024 within the time limit that may be stipulated by this Court. For Petitioner : Mr.M.S.Jeyakarthik For R1 to R3 : Mrs.D.Farjana Ghoushia Special Government Pleader For 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.

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2.Mrs.D.Farjana Ghoushia, learned Special Government Pleader, takes notice for the respondents 1 to 3 and Mr.M.Sarangan, learned counsel for the fourth respondent. Considering the nature of the order proposed to be passed in this writ petition, notice to the respondents 5 to 7 is dispensed with. 3.The grievance of the petitioner is that his representations dated 30.08.2024 and 26.12.2024 seeking to take action against the encroachers in the petition mentioned property, have not been considered so far. Therefore, he has filed this Writ Petition.

4.The learned Special Government Pleader appearing on behalf of the official respondents 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. 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 3/5

respondent to consider the representation of the petitioner dated 30.08.2024 and 26.12.2024 by giving an opportunity of hearing to the petitioner as well as the respondents 4 to 7 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.) 29.04.2025 Index:Yes/No Internet: Yes/No ta To 1.The District Collector, Dindigul District Collectorate, Dindigul.

2.The Revenue Divisional Officer, The Revenue Divisional Office, Dindigul, Dindigul District.

3.The Tahsildhar, Natham Taluk Office, Natham, Dindigul District.

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J. NISHA BANU,J.

and S.SRIMATHY.J ta 29.04.2025 5/5