M.Karthikeyan v. The District Collector/The Chairperson

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY 1.M.Karthikeyan 2.M.Subramani Through their registered power agent K.G.Senthil Kumar ... Petitioners vs.

1.The District Collector/The Chairperson, The Encroachment Monitory Committee, District Collectorate, 2.The Revenue Divisional Officer, O/o.Revenue Divisional Officer, Aranthangi, Pudukkottai District.

3.The Tahsildar, O/o.The Tahsildar, Aranthangi, Pudukkottai District.

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4.The Corporation Commissioner, O/o.Corporation Commissioner, Pudukkottai Corporation, 5.The Town Surveyor, The Land Surveyor Department, Pudukkottai Town, 6.C.Sundaram 7.S.Sarasu 8.M.Chinnaiya 9.A.Arumugam ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 4 to remove the encroachment made by the respondents 6 to 9 as per the proceedings of the fifth respondent dated 02.07.2024 and based on the petitioners' representation dated 19.07.2024.

For Petitioners : Mr.D.Anbarasu For RR 1 to 3 & 5 : M/s.D.Farjana Ghousia Special Government Pleader 2/6

ORDER

(Order of the Court was made by J. NISHA BANU, J.) It is the grievance of the petitioner that his representation dated 19.07.2024, to remove the encroachment made by the respondents 6 to 9 in the common pathway situated in Government poramboke land, is kept pending till date without any progress. Therefore, he has filed this Writ Petition with the aforesaid prayer.

2.The learned Special Government Pleader appearing for the respondents 1 to 3 & 5 submits that the representation of the petitioner would be considered and appropriate orders would be passed on its own merits within a period that may be stipulated by this Court.

3.Considering the limited scope of the prayer sought for by the petitioner, without expressing any opinion on the merits of the claim made by the petitioner either in the representation or in the affidavit filed in support of this Writ Petition, we direct the respondents 1 to 4 to consider the representation of 3/6

the petitioner dated 19.07.2024, after giving sufficient opportunity of personal hearing to the petitioner and the respondents 6 to 9 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.

4.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

[J.N.B.,J.] & [S.S.Y.,J.] 01.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The District Collector/The Chairperson, The Encroachment Monitory Committee, District Collectorate, 2.The Revenue Divisional Officer, O/o.Revenue Divisional Officer, Aranthangi, Pudukkottai District.

3.The Tahsildar, O/o.The Tahsildar, Aranthangi, Pudukkottai District.

4.The Corporation Commissioner, O/o.Corporation Commissioner, Pudukkottai Corporation, 5.The Town Surveyor, The Land Surveyor Department, Pudukkottai Town, 5/6

J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 01.04.2025 6/6