P. Muthukrishnan, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2023
CORAM
THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.P(MD)No.19988 of 2014 P.Muthukrishnan ..... Petitioner - Vs1. The District Collector, Virudhunagar District, Virudhunagar.
2. The Assistant Director (Village Panchayat) Virudhunagar District, Virudhunagar.
3. The Tahsildar, Rajapalayam Taluk, Virudhunagar District.
4. The Block Development Officer, Rajapalayam Panchayat Union, Virudhunagar District.
5. The President, Village Panchayat, Therku Venganallur Village, Rajapalayam Block, Rajapalayam Taluk, Virudhunagar District.
6. Sakthivel 1/5
7. Pothiraj ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to consider the representation sent by the petitioner as well as the villagers of Chidambarapuram to the first respondent dated 19.05.2014 with a prayer to take appropriate action against the respondents 6 and 7 for obtaining assistance under 'Indira Memorial Group Housing Scheme' by providing bogus documents and to pursue appropriate action against the officials responsible for granting such assistance without physically verifying facts thereby causing immense prejudice to the villagers as the said person has illegally encroached upon public channel and constructed house under the aegis of the above said scheme within a specific time as fixed by this Court.
For Petitioner : Mr.K.Muthu Ganesa Pandian For Respondents : Mr.M.Prakash Additional Government Pleader For R-1 to R-3 : No appearance (for R4 and R5)
ORDER
This Writ Petition has been filed seeking for a Writ of Mandamus directing the respondents to consider the representation sent by the petitioner as well as the villagers of Chidambarapuram to the first 2/5
respondent dated 19.05.2014 with a prayer to take appropriate action against the respondents 6 and 7 for obtaining assistance under 'Indira Memorial Group Housing Scheme' by providing bogus documents and to pursue appropriate action against the officials responsible for granting such assistance without physically verifying facts thereby causing immense prejudice to the villagers as the said person has illegally encroached upon public channel and constructed house under the aegis of the above said scheme within a specific time as fixed by this Court.
2. Heard Mr.K.Muthu Ganesa Pandian, learned Counsel appearing for the petitioner and Mr.M.Prakash, learned Additional Government Pleader appearing for the respondents 1 to 3.
3. Considering the limited relief sought for by the writ petitioner without adverting to the averments made in the affidavit in support of the Writ Petition, the third respondent is directed to consider the representation of the petitioner dated 19.05.2014, and pass appropriate orders on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order, after affording an opportunity to the 3/5
petitioner and the respondents 6 and 7.
4. With the above said direction, this Writ Petition is disposed of. There shall be no order as to costs.
27.01.2023 NCC: Yes / No Index :
Yes / No Internet :
Yes / No ebsi To
1. The District Collector, Virudhunagar District, Virudhunagar.
2. The Assistant Director (Village Panchayat) Virudhunagar District, Virudhunagar.
3. The Tahsildar, Rajapalayam Taluk, Virudhunagar District.
4. The Block Development Officer, Rajapalayam Panchayat Union, Virudhunagar District.
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K.KUMARESH BABU, J.
ebsi Order made in W.P(MD)No.19988 of 2014 27.01.2023 5/5