Vijayakumar M v. The District Collector / Monitoring Committee

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.13292 of 2025 M.Vijayakumar ... Petitioner -Vs1.The District Collector / Monitoring Committee, Pudukkottai District, Pudukkottai.

2.The Director of Town and Country Planning, Town and Country Planning Office, Pudukkottai, Pudukkottai District.

3.The Commissioner of Municipality, Aranthangi Municipality, Aranthangi, Pudukkottai District.

4.The Tahsildar, Aranthangi Taluk, Pudukkottai District.

5.Mohamed Ibrahim ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachments made by the 5th respondent in the connecting pathway in Survey No.222/2,

Aranthangi Municipal Ward-11, Aranthangi, Pudukkottai District based on the order passed by the 2nd respondent vide his proceedings in Na.Ka.No. 159/2025/Gkh, dated 22.04.2025 by considering the petitioner's representation dated 26.03.2025.

For Petitioner : Mr.E.Balasubramanian For R1, R2 & R4 : Mrs.D.Farjana Ghoushia, Special Government Pleader For R3 : Mr.S.Kameswaran, 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 stage of admission itself.

2.It is the grievance of the petitioner that his representation dated 26.03.2025, seeking removal of the encroachments made by the 5th respondent in the connecting pathway in Survey No.222/2, Aranthangi Municipal Ward-11, Aranthangi, Pudukkottai District based on the order passed by the 2nd respondent vide his proceedings in Na.Ka.No.159/2025/Gkh, dated 22.04.2025, is kept pending till date without any progress. Therefore, he has filed this Writ Petition.

3.Mr.S.Kameswaran, learned Government Advocate, who takes notice for the 3rd 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 5th respondent is dispensed with, since no adverse order is going to be passed against him.

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 3rd respondent to consider the representation of the petitioner dated 26.03.2025, after giving sufficient opportunity of hearing to the petitioner and the 5th respondent 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 / Monitoring Committee, Pudukkottai District, Pudukkottai.

2.The Director of Town and Country Planning, Town and Country Planning Office, Pudukkottai, Pudukkottai District.

3.The Commissioner of Municipality, Aranthangi Municipality, Aranthangi, Pudukkottai District.

4.The Tahsildar, Aranthangi Taluk, Pudukkottai District.

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva W.P.(MD)No.13292 of 2025 30.04.2025