N.Jeya Raman, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD N.Jeyaraman ... Petitioner -vs1.The District Collector Tirunelveli District Tirunelveli 2.The Tashildar Tirunelveli Taluk Office Tirunelveli, Tirunelveli District 3.Palani ... Respondents [R3 is impleaded vide Court order dated 23.11.2017 in W.M.P.(MD) No.17621 of 2017] PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the second respondent to remove the encroachments under the instruction of the first respondent, based on the representation dated 15.10.2017.

For Petitioner :

Mr.V.Malaiyendran For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 & R2

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] The prayer in this writ petition is for issuance of a writ of mandamus directing the second respondent to remove the encroachments under the instruction of the first respondent, based on the representation dated 15.10.2017.

2. The grievance of the petitioner is that though he made a representation as early as on 15.10.2017 ventilating encroachments made by the third respondent in the street adjacent to his house property, till date the same has not been considered.

3. The learned Government Pleader appearing for the respondents 1 and 2, on instructions, submitted that the petitioner's representation dated 15.10.2017 would be considered in the manner known to law and appropriate action will be taken.

4. In view of the above, without going into the merits of the claim made by the petitioner, the respondents 1 and 2 are directed to consider the petitioner' representation dated 15.10.2017 and pass appropriate orders, if not already disposed of, on merits and in accordance with law. If there is any encroachment as pointed out by the petitioner, the same shall be removed, after giving due notice to all the parties concerned and by following due process of law, within a period of eight (8) weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of. No costs.

[R.M.D., J.] [J.S.N.P., J.] 29.09.2022 Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Tashildar, Tirunelveli Taluk Office, Tirunelveli, Tirunelveli District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk 29.09.2022