Madras High Court
Veeramuthu vs The District Collector on 8 May, 2024
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
WP.No.11989/2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 08.05.2024
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
AND
THE HONOURABLE MRS. JUSTICE R.KALAIMATHI
WP.No.11989/2024
Veeramuthu ... Petitioner
Versus
1.The District Collector,
O/o.The District Collector
Salem District, Salem.
2.The Revenue Divisional Officer
O/o. Revenue Divisional Officer
Attur, Salem District.
3.The Tahsildar
O/o.The Tahsildar
Thalaivasal Post and Taluk
Salem District.
4.The Village Administrative Officer
O/o.The Village Administrative Officer
Periyeri Village and Post
1
https://www.mhc.tn.gov.in/judis
WP.No.11989/2024
Thalaivasal Taluk,
Salem District.
5.Mr.Mayilvaganam
6.Dhanapal
7.Paramasivam ... Respondents
Prayer: Habeas Corpus Petition filed under Article 226 of the Constitution
of India praying for issuance of a writ of mandamus directing the
respondents 1 to 4 to remove the encroahment made by respondents 5 to 7
on the common pathway for use by general public in S.NO.661/13 which is
situated at 2nd Ward, Veeraganur Post, Thalaivasal Taluk, Salem District
based on the representation of the petitioner dated 22.03.2024.
For Petitioner : Mr.M.Senthilkumar
For Respondents : Mr.A.Selvendiran
Special Government Pleader
ORDER
[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.]
(1)Mr.A.Selvendiran, learned Special Government Pleader accepts notice on
behalf of respondents 1 to 4.
(2)The present writ petition is filed by the petitioner for issuance of a writ of
mandamus to direct the official respondents to consider the representation
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dated 22.03.2024 made by him to remove the encroachment made by
respondents 5 to 7 herein in the common pathway which is meant for
public use.
(3)The case of the petitioner is that respondents 5 to 7 herein are said to
have encroached a common pathway in S.No.661/13 which has been
classified as ''Alley'' in the revenue records. Though the suit filed by the
petitioner against the respondents 5 to 7 in OS.No.285/2013 was decreed
exparte, the private respondents neither challenged the said judgment and
decree nor removed the encroachment. The petitioner thereafter,
submitted a representation on 22.03.2024 to the official respondents.
Since no response was forthcoming on the side of the respondents 1 to 4,
the petitioner is constrained to file the present writ petition.
(4)Since the writ petition is disposed of at the admission stage, notice to
respondents 5 to 7 is dispensed with.
(5)This Court, without expressing any opinion on the merits of the
representation submitted by the petitioner or on the averments made by
the petitioner in the affidavit filed in support of the writ petition, directs
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respondents 1 to 4 to consider and dispose of the petitioner's
representation dated 22.03.2024 on merits and in accordance with law,
after affording an opportunity of personal hearing to the parties
concerned, within a period of twelve weeks from the date of receipt of a
copy of this order and communicate the decision taken, to the petitioner
as well as to respondents 5 to 7.
(6)The writ petition stands disposed of with the above direction. No
costs.
[ADJCJ] [RKM J]
08.05.2024
AP
Internet : Yes
https://www.mhc.tn.gov.in/judis
To
1.The District Collector,
O/o.The District Collector
Salem District, Salem.
2.The Revenue Divisional Officer
O/o. Revenue Divisional Officer
Attur, Salem District.
3.The Tahsildar
O/o.The Tahsildar
Thalaivasal Post and Taluk
Salem District.
4.The Village Administrative Officer
O/o.The Village Administrative Officer
Periyeri Village and Post
Thalaivasal Taluk,
Salem District.
https://www.mhc.tn.gov.in/judis
A.D.JAGADISH CHANDIRA, J.,
AND
R.KALAIMATHI, J.,
AP
08.05.2024
https://www.mhc.tn.gov.in/judis
