H.Munavar Sulthana v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.15392 of 2020 and W.M.P.(MD)Nos.12925 & 12928 of 2020 H.Munavar Sulthana ... Petitioner -Vs1.The District Collector, Collectorate, Trichy District.
2.The Tiruchirappalli City Municipal Corporation, Rep. through its Commissioner, Tiruchirappalli.
3.The Executive Engineer, Tamil Nadu Electricity Board (Generation & Distribution), Nagariyam, Thennur, Trichy.
4.Azeez 5.Masthan 6.Sikkandar 7.Abdul Majeeth 8.Maideen 9.Thirunavukarasu
10.Majeeth 11.Bazeer 12.Thirunavukarasu 13.Kaleel 14.Kajha 15.Maideen ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to consider the petitioner's representation dated 28.09.2020 and take immediate action to remove the encroachments made in the pathway on southern side of Plot Nos.293 to 310, CBlock, Chinasamy Nagar, Thenur, Trichy and take appropriate action to evict all the encroachers who constructed building without any planning permission or approval from the competent authority within a time stipulated by this Court. For Petitioner : Mr.D.Nallathambi For R1 : Mr.P.Thilak Kumar, Government Pleader For R2 : Mr.J.Sriprasad, for M/s.R.B.Law Associates For R3 : Mr.S.Deenadhayalan
ORDER
[Order of the Court was made by J.NISHA BANU, J.] It is the grievance of the petitioner that her representation dated 28.09.2020 seeking removal of the encroachments made in the pathway on
southern side of Plot Nos.293 to 310, C-Block, Chinasamy Nagar, Thenur, Trichy, is kept pending till date without any progress. Therefore, she has filed this Writ Petition with the aforesaid prayer.
2.The learned counsel appearing for the 2nd respondent would submit that the representation of the petitioner would be considered and appropriate orders would be passed on its own merits within a period that may be stipulated by this Court.
3.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 2nd respondent to consider the representation of the petitioner dated 28.09.2020, after giving sufficient opportunity of hearing to the petitioner and the respondents 4 to 15 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.
4.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. [J.N.B., J.] & [S.S.Y., J.] 12.03.2025 NCC : Yes / No Index : Yes / No Yuva Note: Registry is directed to send a copy of this order to the private respondents.
To 1.The District Collector, Collectorate, Trichy District.
2.The Commissioner, Tiruchirappalli City Municipal Corporation, Tiruchirappalli.
J.NISHA BANU, J.
AND S.SRIMATHY , J.
Yuva W.P.(MD)No.15392 of 2020 12.03.2025