R.Krishnamoorthy v. The Additional Chief Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2025 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY R.Krishnamoorthy ... Petitioner vs.

1. The Additional Chief Secretary to Government, Revenue and Disaster Management Department, Fort St. George, Chennai.

2. District Collector Cum Monitoring Committee, Trichy, Trichy District.

3. The Revenue Divisional Officer, Trichy, Trichy District.

4. The Thasildar,

5. The Block Development Officer, Uppiliyapuram Village Panchayat,

6. The Village Panchayat President, Vyrichettipalayam Village, Thuraiyur Taluk, Trichy District.

... Respondents 1/6

PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing to the 2nd to 6th Respondents to remove the encroachments of Public Pathway in land comprised Survey Nos.28/40, 26/26, 26/27 and 26/1 situated at Vairichettipalayam Village, Thuraiyur Taluk, Trichy District, with due process of law on the basis of petitioner's representation dated 14.08.2024.

For Petitioner : Mr.R.Vijayaragavan For Respondents : Mr.P.Thilakkumar Government Pleader

ORDER

(Order of the Court was made by J.NISHA BANU, J.) The petitioner has sought for issuance of a Writ of Mandamus, directing to the 2nd to 6th Respondents to remove the encroachments of Public Pathway in land comprised Survey Nos.28/40, 26/26, 26/27 and 26/1 situated at Vairichettipalayam Village, Thuraiyur Taluk, Trichy District, with due process of law on the basis of petitioner's representation dated 14.08.2024. 2/6

2.

Though the petitioner sought for the abovesaid prayer, today, when the writ petition was taken up for hearing, learned counsel appearing for the petitioner submitted that it is suffice if a direction is issued to the official respondents and consider and dispose of the petitioner's representation dated 14.08.2024 within a time frame. 3.

Learned Government Pleader appearing for the respondents submitted that the representation of the petitioner dated 14.08.2024 would be considered and appropriate orders would be passed on its own merits within a time frame that may be stipulated by this Court. 4.

Heard both sides.

5.

In the light of the above observations, there shall be a direction to the respondents to consider the petitioner's representation dated 14.08.2024, on its own merits and pass appropriate orders in accordance with law, after giving opportunity of personal hearing to the petitioner, as well as all other persons, who may be interested in the subject property, within a period of three months from the date of 3/6

receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the concerned respondents to consider the same on its own merits.

6.

With the above direction, the Writ Petition stands disposed of. No costs.

[J.N.B, J.] [S.S.Y, J.] 25.03.2025 Index : Yes / No bala To

1. The Additional Chief Secretary to Government, Revenue and Disaster Management Department, Fort St. George, Chennai.

2. District Collector Cum Monitoring Committee, Trichy, Trichy District.

3. The Revenue Divisional Officer, Trichy, Trichy District.

4. The Thasildar, 4/6

5. The Block Development Officer, Uppiliyapuram Village Panchayat,

6. The Village Panchayat President, Vyrichettipalayam Village, Thuraiyur Taluk, Trichy District.

5/6

J.NISHA BANU, J.

AND S.SRIMATHY, J.

bala ORDER MADE IN DATED : 25.03.2025 6/6