Madras High CourtWP(MD)/19212/2014disposed of

Anbazhagan, v. The District Collector,

2023-01-23Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.01.2023

CORAM

THE HONOURABLE MR.JUSTICE K. KUMARESH BABU W.P.(MD) No.19212 of 2014 Anbazhagan ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Devakkottai, Sivagangai District.

3.The Tahsildar, Karaikudi, Sivagangai District.

4.The Inspector of Police, Kallal Police Station, Sivagangai District.

5.Kathirvel 6.Kannappan 7.Senthamil Selvan

8.Thiruppathi ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents No.1 to 4 to take necessary action on the basis of petitioner's representation dated 01.08.2014 with regard to removal of the illegal encroachment made by the Respondents No.5 to 8 in Survey No.480/7, 8 at Sembaur Village, Kallal (Via), Karaikudi Taluk, Sivagangai District.

For Petitioner : Mr.D.Anbarasu For R1 to R3 : Mrs.D.Farjana Ghoushia Special Government Pleader For R4 : Mr.R.M.S.Sethuraman Additional Public Prosecutor

O R D E R

The writ petition is seeking for a Mandamus to direct the respondents 1 to 4 to take necessary action on the basis of the representation dated 01.08.2014.

2.The writ petition has been dismissed for default against the respondents 5 to 8 as early as on 04.07.2017. However, no steps have been taken to restore the writ petition against the respondents 5 to 8.

3.Considering the limited relief sought for in this writ petition, the third respondent herein is directed to consider the representation of the petitioner dated 01.08.2014 after affording an opportunity to the petitioner and the respondents 5 to 8 and pass appropriate orders on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.

4.With the above direction, the Writ Petition is disposed of. However, there shall be no order as to costs. Speaking : Yes / No 23.01.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Devakkottai, Sivagangai District.

K.KUMARESH BABU, J.

mm 3.The Tahsildar, Karaikudi, Sivagangai District.

4.The Inspector of Police, Kallal Police Station, Sivagangai District.

W.P.(MD) No.19212 of 2014 23.01.2023