Rajagiri P v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2025 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY P.Rajagiri ... Petitioner vs.

1. The District Collector, Office of the Collector, Sivagangai District.

2. The Tahsildar, Taluk Office, Sivagangai Taluk, Sivagangai District.

3. The Block Development Officer, Sivagangai District.

4. B. Pannerselvam @ Chelladurai ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent Nos.1 to 3 to remove the encroachment made by the 4th respondent in Survey No.381 / 15 of Government land an extent of 50 cents in P.Nerpugaipatti, Paganeri village of Sivagangai District by 1/5

considering the petitioner's representation dated 27.07.2023 within the period as stipulated by this Court.

For Petitioner : Mr.S.Atham Ali For R1 to R3 : Mr.P.Thilakkumar Government Pleader

ORDER

(Order of the Court was made by J.NISHA BANU, J.) The prayer in this writ petition is for issuance of a Writ of Mandamus, directing the respondent Nos.1 to 3 to remove the encroachment made by the 4th respondent in Survey No.381 / 15 of Government land an extent of 50 cents in P.Nerpugaipatti, Paganeri village of Sivagangai District by considering the petitioner's representation dated 27.07.2023 within a time frame. 2.

Though the petitioner sought for the abovesaid prayer, today, when the writ petition was taken up for hearing, learned counsel appearing for the petitioner submitted that it is suffice if a direction is issued to the official respondents to consider and dispose of his representation dated 27.07.2023, within a time frame. 2/5

3.

Learned Government Pleader appearing for the respondents submitted that the representation of the petitioner dated 27.07.2023 would be considered by the concerned respondent and appropriate orders would be passed on its own merits within a time frame that may be stipulated by this Court.

4.

Heard both sides.

5.

Since there is a considerable lapse of time after the earlier representation was made, the petitioner herein is granted liberty to give a fresh representation to the concerned respondent, ventilating his grievances, as expeditiously as possible. On receipt of such a representation, the concerned respondent is directed to consider the same, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and the private respondents, as well as to any other person, who may be interested in the subject matter, within a period of three (3) months from the date of receipt of the representation. It is made clear that this Court has not expressed any of its views with regard to the merits of the matter and 3/5

that it is open to the concerned respondent to consider the same, on its own merits.

6.

With the above direction, the Writ Petition stands disposed of. No costs.

[J.N.B, J.] [S.S.Y, J.] 12.03.2025 Index : Yes / No bala To

1. The District Collector, Office of the Collector, Sivagangai District.

2. The Tahsildar, Taluk Office, Sivagangai Taluk, Sivagangai District.

3. The Block Development Officer, Sivagangai District.

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J.NISHA BANU, J.

AND S.SRIMATHY, J.

bala ORDER MADE IN DATED : 12.03.2025 5/5