M.Lakshmi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MS. JUSTICE V.M.VELUMANI W.P.(MD)No.17202 of 2016 M.Lakshmi ... Petitioner Vs.

1.The District Collector, Office of District Collector, Madurai.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, District Collector Campus, Madurai.

3.The Revenue Officer, Office of Revenue Officer, District Collector Campus, Madurai.

4.The Tahsidhar, Madurai North Taluk, District Collector Campus, Madurai.

5.Uthara ... Respondents PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation, dated 19.08.2016 and consequentially direct the 4th respondent to take necessary steps to remove the encroachment by the 5th respondent in the streets of the Petitioner's locality in order to maintain peacefulness among the local residents.

For Petitioner : Mr.V.Muthumani For Respondents : Mr.VR.Shanmuganathan Special Government Pleader

ORDER

(Order of this Court was made by M.SATHYANARAYANAN, J.) The petitioner claims to be the owner of the property in Door No.83A, Alagar Nagar 5th Street, K.Pudur, Madurai-7, which falls within the jurisdiction of Madurai. The grievance expressed by her is that there is 15 feet south to north common pathway is there and the 5th respondent is keeping certain unwanted articles and also started putting plants / trees and thereby reducing the width of the street and in this regard, the petitioner as well as her husband had approached the concerned officials and no response is forthcoming and therefore, the petitioner has submitted a representation, dated 19.08.2016, to the first respondent with a copy marked to the respondents 2 to 4 and since she is yet be heard with any kind of response, came forward to file this writ petition.

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2. Heard the submission of Mr.R.Senthil Kumar, learned counsel appearing for the petitioner. Mr.VR.Shanmuganathan, the learned Special Government Pleader accepts notice on behalf of the respondents 1 to 4.

3. Though the petitioner prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner in this Writ Petition, permit the petitioner to submit one more representation to the jurisdictional Zonal Commissioner, within a period of two weeks from the date of receipt of a copy of this order and the said official, on receipt of the said representation, is directed to consider the same, in accordance with law and after putting the 5th respondent on notice, pass appropriate orders, within a further period of six weeks, thereafter communicate the decision taken to the petitioner as well as the 5th respondent.

4. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To 1.The District Collector, Office of District Collector, Madurai.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, District Collector Campus, Madurai.

3.The Revenue Officer, Office of Revenue Officer, District Collector Campus, Madurai.

4.The Tahsidhar, Madurai North Taluk, District Collector Campus, Madurai.

5. The Zonal Commissioner, Revenue Department Corporation of Madurai, Madurai.

+1cc to M/S.THE SPECIAL GOVERNMENT PLEADER, SR NO:52429 +1cc to M/S.R.SENTHIL KUMAR,ADVOCATE SR NO: 51563 MPK JA-GSV-PM-21.09.2016/2P:8C W.P.(MD)No.17202 of 2016 12.09.2016 https://hcservices.ecourts.gov.in/hcservices/