Mr. Marudhan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR W.P.(MD)No.6388 of 2015 Mr.Marudhan ... Petitioner Vs.

The District Collector, Karur, Karur District.

... Respondent PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to remove the encroachment or obstruction and to take action against the encroachers in Survey No. 438, near Amaravathi River, Nanjai Kalikurichi Village, Karur District in the light of Petitioner's representations dated 18.11.2013, 11.08.2014, 17.11.2014 and 13.04.2015 within time stipulated by this Court.

For Petitioner :

Mr.S.J.Chakkaravarthy For Respondent :

Mr.S.P.Maharajan, Special Government Pleader.

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the respondent to remove the encroachment or obstruction and to take action against the encroachers in Survey No. 438, near Amaravathi River, Nanjai Kalikurichi Village, Karur District in the light of Petitioner's representations dated 18.11.2013, 11.08.2014, 17.11.2014 and 13.04.2015 within time stipulated by this Court.

2. The petitioner has made representations on 18.11.2013, 11.08.2014, 17.11.2014 and 13.04.2015 to the respondent, seeking for removal of encroachment in Survey No. 438, near Amaravathi River, Nanjai Kalikurichi

Village, Karur District. Since no action has been taken by the respondent on the said representations, the petitioner has filed this Writ Petitions.

3. The learned Special Government Pleader appearing for the respondent submits that the Writ Petition has been filed in the year 2015. Therefore, after a long period of 9 years, there would be a lot of change in circumstances. Hence, if the petitioner made a fresh representation, the same will be considered by the respondent in accordance with law at an earliest.

4. In view of the above submissions, we direct the petitioner to make a fresh representation to the respondents seeking for removal of encroachment in Survey No.438, near Amaravathi River, Nanjai Kalikurichi Village, Karur District, if the petitioner is still aggrieved. If any representation is made, the respondent shall consider the same and remove the encroachment by following due process of law.

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

[D.K.K., J.] [M.S.K., J.] 09.01.2024 Index :

Yes / No vsm

To The District Collector, Karur, Karur District.

D.KRISHNAKUMAR , J.

and MUMMINENI SUDHEER KUMAR, J.

vsm W.P.(MD)No.6388 of 2015 09.01.2024