Sasikumar .P v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE P.DHANABAL W.P(MD)No.25997 of 2023 and W.M.P(MD)No.22373 of 2023 P.Sasikumar ... Petitioner Vs.
1 The District Collector Karur District, Karur.
2 The Superintendent of Police Karur District, Karur.
3 The Revenue Divisional Officer, Kulithalai, Karur District.
4 The Thashildhar Krishnarayarpuram, Karur District.
5 The Block Developmental Officer Krishnarayarpuram Panchayat Union, Karur District.
6 The Inspector of Police Lalpet Police Station, Karur District.
7 The President Karupathur Village Panchayat, Krishnarayarpuram, Karur District.
8 Rajamani 9 Aandharaj ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the official respondents Nos. 1 to 7 to remove the encroachment made by the private respondent Nos.8 and 9 in the Survey No.31/30 which is classified as public path, Karuppathur Village Panchayat, Krishnarayarpuram Taluk, Karur District with the assistance of 4 to 6 respondent by considering the petitioner's representation, dated 18.09.2023 and pass appropriate orders on merits and in accordance with law within the period that may be stipulated by this Honourable Court.
For Petitioner :Mr.M.Jerin Mathew For RR1,3,4 &5 :Mr.N.Satheesh Kumar, Additional Government Pleader For R-2 & R-6 :Mrs.M.Aasha
O R D E R
[Order of the Court was made by D.KRISHNAKUMAR, J.] The petitioner has filed this writ petition seeking for issuance of a Writ of Mandamus, directing the official respondents Nos. 1 to 7 to remove the encroachment made by the private respondent Nos.8 and 9 in the Survey No.31/30, which is classified as public path, Karuppathur Village Panchayat, Krishnarayarpuram Taluk,
Karur District with the assistance of respondents 4 to 6 by considering the petitioner's representation, dated 18.09.2023 and pass appropriate orders on merits and in accordance with law, within a stipulated period.
2. The case of the petitioner is that on 18.09.2023, he made a representation before the official respondents seeking to remove the encroachments made by the private respondents in a public pathway. Since the same has not been considered so far, the petitioner has filed this writ petition with the aforesaid prayer.
3. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner would submit that it would suffice if a direction is issued to the third respondent to consider his representation, dated 18.09.2023.
4. In view of the above, considering the limited scope of the prayer sought for by the petitioner, without going into the merits of the case, we direct the third respondent to consider the petitioner's representation, dated 18.09.2023, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy
of this order, after providing opportunity to all the parties concerned.
5. With the above direction, this writ petition stands disposed of. No Costs.
[D.K.K., J.] [P.D.B., J.
08.03.2024 Index :
Yes/No NCC : Yes/No PM To:
1 The District Collector Karur District, Karur.
2 The Superintendent of Police Karur District, Karur.
3 The Revenue Divisional Officer, Kulithalai, Karur District.
4 The Thashildhar Krishnarayarpuram, Karur District.
5 The Block Developmental Officer Krishnarayarpuram Panchayat Union, Karur District.
6 The Inspector of Police Lalpet Police Station, Karur District.
D.KRISHNAKUMAR , J.
and P.DHANABAL, J.
PM W.P.(MD)No.25997 of 2023 08.03.2024