Chandra Kumar v. The State Of Tamil Nadu
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.13452 of 2025 Chandra Kumar ... Petitioner -Vs1.The State of Tamil Nadu, Rep. by its District Collector / Monitoring Committee, Kanyakumari District.
2.The Sub Collector, Padmanabhapuram, Kanyakumari District.
3.The Divisional Engineer, Highways Department, PWD Road, Nagercoil, Kanyakumari District.
4.The Assistant Engineer, Highways Department, Market Road, Thuckalay, Kanyakumari District.
5.The Revenue Divisional Officer, Kalkulam, Kanyakumari District.
6.The Tahsildar, Thiruvattar Taluk, Kanyakumari District.
7.The Village Administrative Officer, Veeyanoor Village, Kanyakumari District.
8.Saraswathi 9.George ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 7 herein to take appropriate action to remove the encroachment put up by the respondents 8 and 9 in Sy.No. 149 & 150 in Government Poramboku road obstructing the petitioner's pathway to access his land in Sy.No.158/10, 158/16A1A, 158/12A & 13B, 158/12B, Veeyanoor Village, Thiruvattar Taluk, Kanyakumari District and considering the petitioner's representation dated 29.03.2025 within a time stipulated by this Court. For Petitioner : Mr.S.Jebastin For R1 to R7 : Mr.M.Sarangan, Additional 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 stage of admission itself.
2.It is the grievance of the petitioner that his representation dated 29.03.2025, seeking removal of the encroachment made by the respondents 8 and 9 in Sy.Nos.149 & 150 in Government Poramboku road by obstructing the
petitioner's pathway to access his land in Sy.Nos.158/10, 158/16A1A, 158/12A & 13B, 158/12B, Veeyanoor Village, Thiruvattar Taluk, Kanyakumari District, is kept pending till date without any progress. Therefore, he has filed this Writ Petition.
3.Mr.M.Sarangan, learned Additional Government Pleader, who takes notice on behalf of the respondents 1 to 7, 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 8 and 9 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 3rd respondent to consider the representation of the petitioner dated 29.03.2025, after giving sufficient opportunity of hearing to the petitioner and the respondents 8 and 9 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, Kanyakumari District.
2.The Sub Collector, Padmanabhapuram, Kanyakumari District.
3.The Divisional Engineer, Highways Department, PWD Road, Nagercoil, Kanyakumari District.
4.The Assistant Engineer, Highways Department, Market Road, Thuckalay, Kanyakumari District.
5.The Revenue Divisional Officer, Kalkulam, Kanyakumari District.
6.The Tahsildar, Thiruvattar Taluk, Kanyakumari District.
7.The Village Administrative Officer, Veeyanoor Village, Kanyakumari District.
J.NISHA BANU, J.
AND S.SRIMATHY , J.
Yuva W.P.(MD)No.13452 of 2025 30.04.2025