Rajaguru v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.04.2025 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and WMP(MD)Nos.12841 and 12842 of 2023 Rajaguru ... Petitioner vs.

1. The District Collector, Madurai District, Madurai.

2. The Superintending Engineer, Public Works Department, Water Resource Organization, Vaipar Basin Circle, Virudhunagar.

3. The Revenue Divisional Officer, Thirumangalam,

4. The Block Development Officer, Kalligudi Panchayat Union,

5. The Thasildar, Kalligudi Taluk, 1/6

6. Rajendran ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 3 to 5 to remove the encroachment in Survey No.165/3 in Chittoor Village, Kalligudi Taluk, Madurai District and its adjacent land in view of representation dated 17.06.2023 within the stipulated time which this Hon'ble Court may deem fit and proper. For Petitioner : Mr.M.Jothi Basu For R1 to R3 & R5 : Mr.J.Ashok Additional Government Pleader For R6 : Mr.S.Vellaichamy

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 3 to 5 to remove the encroachment in Survey No.165/3 in Chittoor Village, Kalligudi Taluk, Madurai District and its adjacent land by considering the petitioner's representation dated 17.06.2023 within a time frame. 2/6

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 the petitioner's representation dated 17.06.2023 within a time frame to be fixed by this Court.

3.

Learned Additional Government Pleader appearing for the official respondents submitted that the representation of the petitioner dated 17.06.2023 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.

Since there is a considerable lapse of time after the earlier representation was made, the petitioner herein is granted liberty to give a fresh representation to the concerned respondent, ventilating his grievances, as expeditiously as possible. On receipt of such a 3/6

representation, the concerned respondent is directed to consider the same, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as well as to any other person, who may be interested in the subject matter, within a period of three (3) months from the date of receipt of the representation. 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 respondent to consider the same, on its own merits. 6.

With the above direction, the Writ Petition stands disposed of. No costs. Connected miscellaneous petitions are closed. [J.N.B, J.] [S.S.Y, J.] 23.04.2025 Index : Yes / No bala To

1. The District Collector, Madurai District, Madurai.

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2. The Superintending Engineer, Public Works Department, Water Resource Organization, Vaipar Basin Circle, Virudhunagar.

3. The Revenue Divisional Officer, Thirumangalam,

4. The Block Development Officer, Kalligudi Panchayat Union,

5. The Thasildar, Kalligudi Taluk, 5/6

J.NISHA BANU, J.

AND S.SRIMATHY, J.

bala ORDER MADE IN DATED : 23.04.2025 6/6