Kathiresan, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Kathiresan ... Petitioner -vs1.The District Collector Dindigul District 2.The Revenue Divisional Officer Revenue Divisional Office Kodaikanal Dindigul District 3.The Assistant Commissioner Hindu Religious and Charitable Endowments Dindigul District 4.The Thasildhar Taluk Office Kodaikanal Dindigul District 5.Natrayan ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 4 to remove the encroachment made by the fifth respondent over the main road near and opposite to Arulmigu Shree Kulandhai Velappar Murugan Temple located in Survey No.490, Poomparai Main Road, Poomparai, Kodaikanal Taluk, Dindigul District.

For Petitioner :

Mr.K.Gokul For Respondents :

Mr.N.GA.Nataraj Government Advocate for R1 to R4 Mr.V.S.Kumaraguru for R5

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] The prayer in this writ petition is for issuance of a writ of mandamus directing the respondents 1 to 4 to remove the encroachment made by the fifth respondent on the main road near Arulmigu Shree Kulandhai Velappar Murugan Temple in Survey No.490, Poomparai Main Road, Poomparai, Kodaikanal Taluk, Dindigul District.

2. The grievance of the petitioner is that though he made a representation to the official respondents as early as on 18.04.2018 seeking removal of the encroachment made by the fifth respondent, till date, the same has not been removed.

3.

The learned Government Advocate appearing for the respondents 1 to 4, on instructions, submitted that if a direction is given to the authority concerned, the petitioner's representation would be considered in the manner known to law.

4. In view of the above, without going into the merits of the claim made by the petitioner, the respondents 1 to 4 are directed to consider the petitioner' representation dated 18.04.2018 and pass appropriate orders, if not already disposed of, on merits and in accordance with law, after giving due notice to all the parties concerned, within a period of eight (8) weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of. No costs.

[R.M.D., J.] [J.S.N.P., J.] 29.09.2022 Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Dindigul District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Kodaikanal, Dindigul District.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments, Dindigul District.

4.The Thasildhar, Taluk Office, Kodaikanal, Dindigul District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk 29.09.2022