Madras High CourtWP(MD)/21027/2014disposed 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 Revenue Divisional Officer, Musiri, Trichy District.

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

4.The Commissioner, Turaiyur Municipality, Trichy District.

4.Basker ... 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 fifth respondent who put up metal wire

fence by encroaching pathway in S.No.205/2 and S.No.205/3 situated at Venkatesapuram, Turaiyur Taluk, Trichy District by considering the petitioner's representation dated 05.08.2014 and 13.11.2014. For Petitioner :Mr.N.Mohan For Respondents :Mrs.D.Farjana Ghoushia Special Government Pleader for R1 to R4 :Mr.A.Haja Mohideed for R5

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 fifth respondent who put up metal wire fence by encroaching pathway in S.No.205/2 and S.No.205/3 situated at Venkatesapuram, Turaiyur Taluk, Trichy District by considering the petitioner's representation dated 05.08.2014 and 13.11.2014. 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 fifth 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 Revenue Divisional Officer, Musiri, Trichy District.

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

4.The Commissioner, Turaiyur Municipality, Trichy District.

K.KUMARESH BABU, J.

sbn 31.01.2023