Disposed

Rathinavel T v. The District Collector

Madras HC27 Jan 2023WP(MD)/1548/2023

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court directed the District Collector, Block Development Officer, and Tahsildar to consider the petitioner's representations regarding encroachment on a public street and pass appropriate orders on merits without going into the merits immediately.

What did the court decide?

Directed respondents 1 to 3 to consider petitioner's representations and pass appropriate orders on merits.

Rathinavel T Vs The District Collector — Municipal and Town Planning | Madras HC (2023)

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W.P(MD)No.1548 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 27.01.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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W.P(MD)No.1548 of 2023

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T.Rathinavel ... Petitioner

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vs.

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1.The District Collector, Office of the Collectorate, theni, Theni District.

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2.The Block Development Officer, Village Panchayat, Andipatty Taluk, Theni District.

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3.The Tahsildar, Taluk Office, Andipatty, Theni District.

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4.Ponnuthai ... Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made by the fourth respondent at public street in S.No.2650/28 which is situated at Sidaiyagoundanpatti Village, Andipatty Bit – II, Andipatty, Theni District by considering the petitioner's representations, dated 12.12.2022 and 29.12.2022.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.1548 of 2023

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For Petitioner : Mr.J.Senthil Kuaraiah

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For RR 1 & 3 : Mr.M.Sarangan Additional Government Pleader

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For R - 2 : Mr.K.Balasubramani Special Government Pleader

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ORDER

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(Order of the Court was made by D. KRISHNAKUMAR, J.)

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The prayer in this Writ Petition is seeking for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made by the fourth respondent at public street in S.No.2650/28, which is situated at Sidaiyagoundanpatti Village, Andipatty Bit – II, Andipatty, Theni District by considering the petitioner's representations, dated 12.12.2022 and 29.12.2022.

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According to the petitioner, the fourth respondent had tried to put up entrance steps of her house on the public street. Hence, the petitioner made representations, dated 12.12.2022 and 29.12.2022 to the respondents 1 to 3 seeking for removal of the encroachment. Since the

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.1548 of 2023

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same has not been considered so far, the petitioner has filed the present Writ Petition.

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The learned counsels appearing for the respondents submitted that the representations of the petitioner, dated 12.12.2022 and 29.12.2022 would be considered on merits and in accordance with law.

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In view of the abovesaid submission, without going into the merits of the claim made by the petitioner, the respondents 1 to 3 are directed to consider the representations of the petitioner, dated 12.12.2022 and 29.12.2022 and pass appropriate orders, on merits and in accordance with law as early as possible.

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With the above direction, this Writ Petition is disposed of. No

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costs.

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Index : Yes / No Internet : Yes ps

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[D.K.K.,J.] [R.V.,J.] 27.01.2023

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.1548 of 2023

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1.The District Collector, Office of the Collectorate, theni, Theni District.

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2.The Block Development Officer, Village Panchayat, Andipatty Taluk, Theni District.

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3.The Tahsildar, Taluk Office, Andipatty, Theni District.

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4/5

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.1548 of 2023

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D.KRISHNAKUMAR,J. and R.VIJAYAKUMAR,J.

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ORDER MADE IN W.P(MD)No.1548 of 2023

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DATED : 27.01.2023

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https://www.mhc.tn.gov.in/judis

Rathinavel T v. The District Collector

Case brief

What is this about?

What did the court decide?

Rathinavel T v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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