Thangaraj, v. The Sub Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.20901 of 2017 Thangaraj ... Petitioner Vs.

1. The Sub Collector, Kumbakonam, Thanjavur District.

2. The District Revenue Officer, Thanjavur District, Thanjavur.

3. The Tahsildar, Kumbakonam Taluk, Thanjavur District.

4. Saravana Kumar

5. Manikandan ... Respondents PRAYER: Writ petition is filed, Under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the first respondent to dispose the petitioner's representation dated 30.09.2017, by following due process of law within stipulated time fixed by this Court.

For Petitioner : Mr.A.Thangaraj For Respondents : Mr.J.Gunaseelan Muthiah, 1 to 3 Government Advocate.

R4 and R5 - Dispensed with.

O R D E R

This writ petition is filed seeking a writ of Mandamus to direct the the first respondent to dispose the petitioner's representation dated 30.09.2017, within the time stipulated by this Court.

2.Mr.J.Gunaseelan Muthiah, learned Government Advocate, takes notice for the respondents. In view of the nature of the relief sought for by the petitioner, notice to the respondents 4 and 5 is dispensed with.

3.By consent of both the parties, this writ petition is taken up for final hearing at the stage of admission itself. 4.Heard both sides.

5.The petitioner made a representation dated 30.09.2017, to the first respondent for removal of encroachments made by the respondents 4 and 5 in the common pathway.

6.The learned counsel for the petitioner would submit that it would be suffice, if the representation of the petitioner dated 30.09.2017, is disposed of by the first respondent as per law. 7.Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the first respondent to consider the representation of the petitioner dated 30.09.2017, and pass appropriate orders on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner as well as any of the interested parties including the respondents 4 and 5, within a period of six weeks from the date of receipt of a copy of this order.

8.The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar

To

1. The Sub Collector, Kumbakonam, Thanjavur District.

2. The District Revenue Officer, Thanjavur District, Thanjavur.

3. The Tahsildar, Kumbakonam Taluk, Thanjavur District.

+2cc to M/S.A.THANGARAJ, Advocate SR.No.86961. +1cc to Special Government Pleader in SR.No.87477. ORDER MADE IN W.P(MD)No.20901 of 2017 14.11.2017 smn SDS/SKN:RSK/SAR 2/22.11.2017/3P/7C