R.Vaiyapuri v. The District Collecor

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD N.Sarathi ... Petitioner -vs1.The District Collector Karur District Karur 2.The District Revenue Officer District Revenue Office Karur District, Karur 3.The Revenue Divisional Officer Revenue Divisional Office Karur 4.The Tahsildar Manmangalam Taluk Karur District 5.K.Muthusamy ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 4 to take immediate steps to renovate the channel and pathway in S.No.290, situated at Kathapparai Village, Manmangalam Taluk, Karur District, after removing encroachment created the 5th respondent by considering the petitioners representation dated 17.10.2017.

For Petitioner :

Mr.V.Muthukamatchi For Respondents :

Mr.S.P.Maharajan Special Government Pleader for R1 to R4 Mr.K.Govindarajan for R5

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] The prayer in the writ petition is for issuance of a writ of mandamus directing the respondents 1 to 4 to take immediate steps to renovate the channel and pathway in Survey No.290 of Kathapparai Village, Manmangalam Taluk, Karur District, after removing encroachment made by the fifth respondent, by considering the petitioner's representation dated 17.10.2017.

2. The learned counsel for the petitioner submitted that even though the petitioner made a representation as early as on 17.10.2017 ventilating the above grievance, till date no response is forthcoming from the side of the official respondents. Hence, the learned counsel for the petitioner prayed for necessary directions to the respondents 1 to 4 to consider the petitioner's representation dated 17.10.2017 on merits and in accordance with law, within a time stipulated by this Court.

3. The learned Special Government Pleader appearing for the respondents 1 to 4 submitted that if a direction is given to the respondents 1 to 4, they will consider the petitioner's representation, within the stipulated time.

4. In view of the above submissions, without going into the merits of the claim made by the petitioner, the respondents 1 to 4 are directed to consider the petitioner' representation dated 17.10.2017 and pass appropriate orders, on merits and in accordance with law, after giving due notice to all the parties concerned, within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear

that this order should not be construed as giving any positive direction to the respondents 1 to 4, who should pass orders depending upon the facts and circumstances of the case.

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

[R.M.D., J.] [J.S.N.P., J.] 14.09.2022 Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Karur District, Karur.

2.The District Revenue Officer, District Revenue Office, Karur District, Karur.

3.The Revenue Divisional Officer, Revenue Divisional Office, Karur.

4.The Tahsildar, Manmangalam Taluk, Karur District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk 14.09.2022