Sheik Gani v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2022

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P(MD)No.22570 of 2022 Sheik Gani ... Petitioner Vs.

1.The District Collector, 2.The Revenue Divisional Officer, 3.The Tahsildar, Dindigul East, 4.The Superintendent of Police, 5.The Block Development Officer, 6.Panchayat Union Officer, Sanarpatti, 7.Pappu 8.P.Murugan 9.Velumani 1/6

10.Muthulakshmi 11.Shanmugam 12.Chindu at Chinnaya ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, to direct the respondents 1 to 4 to consider the representation of the petitioner dated 21.06.2022, and direct the respondents 7 to 12 to remove the encroachment made over the common path way bearing S.No.528/1 of Rajakkapatti Village, Dindigul East Taluk, running 125 meters length with 3 meters breadth leading from main road Dindigul to Srivilliputhur Road.

For Petitioner : Mr.V.Raghavachari For Respondents 1 to 3 : Mr.S.P.Maharajan Special Government Pleader For 4th Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor For Respondents 5 & 6 : Mr.G.V.Vairam Santhosh Additional Government Pleader * * *

O R D E R

(Order of the Court was made by R.MAHADEVAN, J.) The petitioner has come forward with this writ petition praying to issue a writ of mandamus, directing the respondents 1 to 4 to consider the representation of the petitioner dated 21.06.2022, 2/6

and to direct the respondents 7 to 12 to remove the encroachment made over the common pathway in S.No.528/1 of Rajakkapatti Village, Dindigul East Taluk, running 125 meters length with 3 meters breadth, leading from Dindigul to Srivilliputhur Main Road. 2.

Heard Mr.V.Raghavachari, learned counsel for the petitioner, Mr.S.P.Maharajan, learned Special Government Pleader, who accepts notice on behalf of the respondents 1 to 3, Mr.T.Senthil Kumar, learned Additional Public Prosecutor, who accepts notice on behalf of the 4th respondent and Mr.G.V.Vairam Santhosh, learned Additional Government Pleader, who accepts notice on behalf of the respondents 5 and 6. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3.

Having regard to the nature of the order proposed to be passed in this writ petition, notice to the respondents 7 to 12 is dispensed with.

4.

Claiming that the respondents 7 to 12, who are having their residences immediate to the southern side of the common pathway in S.No.528/1 have encroached the said pathway 3/6

by constructing brick walls, cattle sheds etc., and thereby obstructing the movement of the public over the said pathway, the petitioner submitted a representation to the official respondents on 21.06.2022 and the same, according to the learned counsel for the petitioner, remains as such.

5.

Learned counsel for the petitioner would further submit that though the petitioner has sought for a larger relief, he would be satisfied if a direction is issued to the third respondent to dispose of the representation of the petitioner dated 21.06.2022, in accordance with law, within a time frame.

6.

Considering the limited scope of the prayer now 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 the Writ Petition, this Writ Petition is disposed of with a direction to the third respondent to consider the representation of the petitioner dated 21.06.2022 and pass appropriate orders on merits and in accordance with law. If there is any encroachment as claimed by the petitioner, after issuing notice and conducting survey in the 4/6

presence of the petitioner, the respondents 7 to 12 and any other parties concerned, necessary action has to be taken by the authorities concerned for removal of encroachment in the common path way in S.No.528/1 of Rajakkapatti Village, Dindigul East Taluk, after affording an opportunity of personal hearing to all the parties concerned and by following due process of law. Such an exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. No costs.

[R.M.D., J.] [J.S.N.P., J.] 26.09.2022 Internet : Yes / No Index : Yes / No sj To 1.The District Collector, 2.The Revenue Divisional Officer, 3.The Tahsildar, Dindigul East, 4.The Superintendent of Police, 5/6

R.MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD , J.

sj 5.The Block Development Officer, 6.Panchayat Union Officer, Sanarpatti, W.P(MD)No.22570 of 2022 26.09.2022 6/6