Ramasubramanian v. The District Collector / Monitoring Committee
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 Ramasubramanian
...Petitioner
-Vs1.The District Collector/Monitoring Committee, Tenkasi District, Tenkasi.
2.The Tahsildar, Thiruvengadam Taluk, Tenkasi District.
3.The Block Development Officer, Kuruvikulam Panchayat Union, Tenkasi District.
4.A.Mariyappan 5.S.Mariyappavasu
...Respondents
PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 3 to conduct a detailed survey on the street falling under Natham Survey No.489/1, 1/5
East Street, North Kuruvikulam, Thiruvengadam Taluk, Tenkasi District and to remove all unauthorized constructions and encroachments made on the public street, particularly encroachments made by the respondents 4 and 5 forthwith, ensuring free movement for the residents and the general public by keeping the street free from any hindrance or obstruction. For Petitioner : Mr.S.Ragaventhre For R1 to R3 : 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.
2.Mr.M.Sarangan, learned Additional Government Pleader, takes notice for the respondents 1 to 3. Considering the nature of the order proposed to be passed in this writ petition, notice to the respondents 4 and 5 is dispensed with. 3.The grievance of the petitioner is that his representation dated 25.02.2025 seeking to remove the encroachment made in the petition mentioned property, has not been considered so far. Therefore, he has filed this Writ Petition.
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4.The learned Additional 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 respondent to consider the representation of the petitioner 25.02.2025 by giving an opportunity of hearing to the petitioner as well as the respondents 4 and 5 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 3/5
To 1.The District Collector/Monitoring Committee, Tenkasi District, Tenkasi.
2.The Tahsildar, Thiruvengadam Taluk, Tenkasi District.
3.The Block Development Officer, Kuruvikulam Panchayat Union, Tenkasi District.
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J. NISHA BANU,J.
and S.SRIMATHY.J ta 29.04.2025 5/5