I.Sundararaju v. District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE I.Sundararaju : Petitioner Vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Revenue Divisional Officer / Assistant Collector, 3.The Tahsildar, Paramakudi Taluk, 1/6

4.The Commissioner / Monotoring Committee, Paramakudi Panchayat Union, 5.The Commissioner, Paramakudi Municipality, 6.Ramprabhu 7.Amjath Iburahim : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachments in old S.No.46/1B2F, new S.Nos.569/29, 569/8 and 569/27, of Kattuparamakudi Village, Paramakudi Taluk by respondents 6 and 7 by following due process of law.

For Petitioner : Mr.S.Anand Chandrasekar for M/s.Sarvabhauman Associates For Respondents 1 to 5 : Mr.S.R.A.Ramachandran Additional Government Pleader 2/6

O R D E R

************ [Order of the Court was made by M.S.RAMESH, J.] When the Writ Petition came up 'for admission' on 13.11.2024, we had passed final orders therein, directing the official respondents to consider the petitioner's representation. However, it was later brought to our notice that the representation in this regard was already considered by the second respondent and final orders were passed, relegating the parties to approach the Civil Court. In this background, we had listed the matter today, under the caption 'for being spoken to'.

2.Since a similar grievance was already considered by the second respondent herein and rejected, it would not be appropriate for this Court to direct the respondents to consider the further representation in this regard. However, if liberty is granted to the petitioner to challenge the order dated 27.07.2023, the ends of justice could be secured. Hence, the earlier order of this Court dated 13.11.2024 is recalled.

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3.Accordingly, this Writ Petition stands closed, with liberty to the petitioner to challenge the order of the second respondent dated 27.07.2023, in accordance with law. There shall be no order as to costs.

[M.S.R.,J.] & [A.D.M.C.,J.] 25.11.2024 Index : Yes/No Internet : Yes/No MR 4/6

To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Revenue Divisional Officer / Assistant Collector, 3.The Tahsildar, Paramakudi Taluk, 4.The Commissioner / Monotoring Committee, Paramakudi Panchayat Union, 5.The Commissioner, Paramakudi Municipality, 5/6

M.S.RAMESH, J.

and A.D.MARIA CLETE, J.

MR ORDER MADE IN 25.11.2024 6/6