Madras High CourtWP(MD)/22444/2017disposed of

K.Santhi, W/O.Kumara Nayagam v. The District Collector

2024-04-16Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2024

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR K.Santhi ... Petitioner Vs.

1.The District Collector, Thoothukudi, Thoothukudi District.

2.The Assistant Director of Town Panchayat, Tirunelveli Division.

3.J.Mohammed Iqpal Sharif, Nazareth Town Panchayat, Nazareth, Thoothukudi District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the first and second respondents to take department action against the third respondent by considering petitioner's complaint dated 29.12.2016 and 21.01.2017. For Petitioner : Mr.S.M.Mohan Gandhi For R1 & R2 : Mr.A.K.Manikkam, Special Government Pleader For R3 : Mr.C.Sakthivel 1/4

ORDER

This writ petition has been filed seeking orders to direct the first and second respondents to take department action against the third respondent by considering petitioner's complaint dated 29.12.2016 and 21.01.2017. 2.The learned counsel appearing for the petitioner would submit that the third respondent, by alleging that the petitioner encroached two feet, in the absence of the petitioner, without issuing notice, has demolished a portion of the wall and therefore, the petitioner was constrained to give representation to the first respondent on 29.12.2016 and again on 21.01.2017, but, so far no action was taken as against the third respondent. 3.The Special Government Pleader appearing for the first and second respondents would submit that the respondents may be directed to consider the representation of the petitioner and pass necessary orders, within a time frame.

4.Considering the limited scope of the prayer and without entering 2/4

into the merits of the case, the first and second respondents are directed to consider the petitioner's representation dated 29.12.2016 and 21.01.2017 and pass orders within a period of eight weeks from the dated of receipt of a copy of this order, in accordance with law. 5.In the result, this writ petition is disposed of. No costs. 16.04.2024 NCC :yes/No Index :yes/No Internet:yes/No gns To 1.The District Collector, Thoothukudi, Thoothukudi District.

2.The Assistant Director of Town Panchayat, Tirunelveli Division.

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K.MURALI SHANKAR ,J.

gns 16.04.2024 4/4