Ragini v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD) No.21619 of 2022 Ragini ... Petitioner -vs1.The District Collector Madurai District Madurai 2.The Revenue Divisional Officer Madurai East Taluk Madurai 3.The Tahsildar Madurai East Taluk Madurai District 4.The Village President Village Panchayat Ilangiyenthal Panchayat (Chithakkur) Pudhuthamaraipatti Post Madurai District 5.Ayammal ... 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 consider the petitioner's representation, dated 24.08.2022 and to remove the encroachment made by the fifth respondent in Survey No.33/16 in Chithakur Village, East Union, Madurai District.

For Petitioner :

Mr.Sivabalan.K.

For Respondents :

Mr.S.P.Maharajan Special Government Pleader for R1 to R4

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] Mr.S.P.Maharajan, learned Special Government Pleader, takes notice for the respondents 1 to 4.

2. Since the writ petition is disposed of at the admission stage itself and considering the nature of relief sought for by the petitioner, notice to the private respondent is dispensed with.

3. With the consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

4. The prayer in the writ petition is for issuance of a writ of mandamus directing the respondents 1 to 4 to consider the petitioner's representation, dated 24.08.2022 and to remove the encroachment made by the fifth respondent in Survey No.33/16 in Chithakur Village, East Union, Madurai District.

5. The learned counsel appearing for the petitioner submits that it would be suffice if the representation of the petitioner is disposed of on merits and in accordance with law, within a time stipulated by this Court.

6. The learned Special Government Pleader appearing for the respondents 1 to 4 has no objection in considering the request of the petitioner.

7. In view of the above, without going into the merits of the claim made by the petitioners, the respondents 1 to 4 are directed to consider the petitioner' representation dated 24.08.2022 and pass appropriate orders, 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. It is made clear that this order should not be construed as giving any positive direction to the respondents 1 to 4, who should pass orders depending upon the facts and circumstances of the case.

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

[R.M.D., J.] [J.S.N.P., J.] 13.09.2022 Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Madurai East Taluk, Madurai.

3.The Tahsildar, Madurai East Taluk, Madurai District.

4.The Village President, Village Panchayat, Ilangiyenthal Panchayat (Chithakkur), Pudhuthamaraipatti Post, Madurai District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk W.P.(MD) No.21619 of 2022 13.09.2022