Jothi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2022

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P(MD)No.26794 of 2022 Jothi ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Superintending Engineer, Public Works Department, Tallakulam, Madurai.

3.The Executive Engineer, Periyar Vaikai Basin Division Office, Madurai - 2.

4.Mohammed Kaja ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, to direct the respondent to remove the encroachment made by the 4th respondent at Sampakulam Kanmoi, Sampakulam, Vadipatti Taluk, Madurai District, on the basis of the petitioner's representation dated 28.10.2022.

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For Petitioner : Mr.R.Manohar For Respondents 1 to 3 : Mr.S.P.Maharajan Special 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 3 to remove the encroachment made by the 4th respondent at Sampakulam Kanmoi, Sampakulam, Vadipatti Taluk, Madurai District, on the basis of his representation dated 28.10.2022. 2.

Heard Mr.R.Manohar, learned counsel for the petitioner and Mr.S.P.Maharajan, learned Special Government Pleader, who accepts notice on behalf of the respondents 1 to 3. 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 4th respondent is dispensed with.

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4.

Alleging that the 4th respondent is illegally occupying the Sampakulam Kanmoi, Sampakulam, Vadipatti Taluk, Madurai District, damaged said Kankmoi and removed so many trees on the ground that he is having lease over the said Kanmoi for a period of 100 years, the petitioner submitted a representation to the official respondents on 28.10.2022, and the same, according to the learned counsel for the petitioner, remains as such. Hence, the Writ Petition.

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 2nd respondent to dispose of his representation dated 28.10.2022, 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 2nd respondent to consider the representation of the petitioner dated 3/5

28.10.2022, and pass appropriate orders on merits and in accordance with law, after issuing notice and affording an opportunity of hearing to the petitioner, the 4th respondent and all other parties. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. No costs.

[R.M.D., J.] [J.S.N.P., J.] 28.11.2022 Internet : Yes / No Index : Yes / No sj To 1.The District Collector, Madurai District, Madurai.

2.The Superintending Engineer, Public Works Department, Tallakulam, Madurai.

3.The Executive Engineer, Periyar Vaikai Basin Division Office, Madurai - 2.

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R.MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD , J.

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