Packiyam .S v. The District Collector / Chairperson Of Distrist Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.03.2025 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY S.Packiyam ... Petitioner vs.

1. The District Collector / Chairperson of District Monitoring Committee, Theni District, Theni.

2. The Revenue Divisional Officer, Uthamapalayam, Theni District.

3. The Tahsildar, Uthamapalayam Taluk, Uthamapalayam, Theni District.

4. The Block Development Officer, Uthamapalayam, Theni District.

5. Soosai ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1/5

respondents 1 to 4 to remove the encroachments made by the 5th respondent in Kannaru Vaikkal situate at T.Meenakshipuram Village, Uthamapalayam Taluk, Theni District.

For Petitioner : Mr.K.Guhann For R1 to R4 : Mr.J.Ashok Additional Government Pleader

ORDER

(Order of the Court was made by J.NISHA BANU, J.) The prayer in this writ petition is for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachments made by the 5th respondent in Kannaru Vaikkal situate at T.Meenakshipuram Village, Uthamapalayam Taluk, Theni District. 2.

Though the petitioner sought for the abovesaid prayer, today, when the writ petition was taken up for hearing, learned counsel appearing for the petitioner submitted that it is suffice if a direction is issued to the official respondents to consider and dispose of his representation dated 06.05.2024 within a time frame. 2/5

3.

Learned Additional Government Pleader appearing for the respondents submitted that the representation of the petitioner dated 06.05.2024 would be considered by the concerned respondent and appropriate orders would be passed on its own merits within a time frame that may be stipulated by this Court.

4.

Heard both sides.

5.

In the light of the above observations, there shall be a direction to the official respondents to consider the petitioner's representation dated 06.05.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, private respondent, as well as all other persons, who may be interested in the subject property, within a period of three months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the concerned respondents to consider the same on its own merits.

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6.

With the above direction, the Writ Petition stands disposed of. No costs.

[J.N.B, J.] [S.S.Y, J.] 19.03.2025 Index : Yes / No bala To

1. The District Collector / Chairperson of District Monitoring Committee, Theni District, Theni.

2. The Revenue Divisional Officer, Uthamapalayam, Theni District.

3. The Tahsildar, Uthamapalayam Taluk, Uthamapalayam, Theni District.

4. The Block Development Officer, Uthamapalayam, Theni District.

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J.NISHA BANU, J.

AND S.SRIMATHY, J.

bala ORDER MADE IN DATED : 19.03.2025 5/5