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Madras High CourtWP(MD)/21002/2014disposed of

Muthiah v. The District Collector,

2023-01-31Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :31.01.2023

CORAM

THE HONOURABLE MR.JUSTICE K. KUMARESH BABU Muthiah ... Petitioner Vs.

1.The District Collector, Trichy District.

2.The Tahsildar, Taluk Office, Turaiyur, Trichy District.

3.The Commissioner, Turaiyur Municipality, Trichy District.

4.R.Dhasarathan ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents 1 to 3 to take appropriate action against the fourth respondent who constructed building by encroaching pathway in S.No.217/1 and S.No.234/10 situated at Turaiyur Taluk, Trichy District by considering my representation dated

28.05.2014.

For Petitioner :Mr.N.Mohan For Respondents :Mrs.D.Farjana Ghoushia Special Government Pleader for R1 to R3 :Mr.A.Haja Mohideed for R4

O R D E R

This writ petition has been filed seeking for a mandamus to direct the respondents 1 to 3 to take appropriate action against the fourth respondent who constructed building by encroaching Pathway in S.No. 217/1 and 234/10 situated at Turaiyur Taluk, Trichy District, considering the representation of the petitioner dated 28.05.2014. 2.Considering the relief sought for by the petitioner in this writ petition and that the representation has been made as early as, in the year 2014. This Court is inclined to dispose of this writ petition with a direction to the petitioner to make a fresh representation to the third respondent herein, within a period of two weeks from the date of receipt of a copy of this order and on receipt of such representation, the third respondent shall

dispose of the same within a period of eight weeks thereafter, on merits and in accordance with law, after affording a reasonable opportunity to the petitioner and the fourth respondent as well. 3.With the aforesaid directions, this writ petition is disposed of. There shall be no order as to costs.

31.01.2023 Index : Yes / No Speaking Order/Non Speaking Order sbn To 1.The District Collector, Trichy District.

2.The Tahsildar, Taluk Office, Turaiyur, Trichy District.

3.The Commissioner, Turaiyur Municipality, Trichy District.

K.KUMARESH BABU, J.

sbn 31.01.2023