Disposed

M.Malaipuliyan v. The District Collector / Monitoring Committee

Madras HC4 Dec 2024WP(MD)/28968/2024

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court, disposed of a writ petition filed for a mandamus to remove encroachments by private respondents. The court directed official respondents to consider the petitioner's representation within three months after giving notice to interested parties.

What did the court decide?

Direction to respondents 1 to 5 to consider petitioner's representation and pass orders within three months after giving notice to private respondents.

M.Malaipuliyan Vs The District Collector / Monitoring… — Landlord and Tenant | Madras HC (2024)

¶1

W.P.(MD)No.28968 of 2024

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 04.12.2024

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE M.S.RAMESH

¶6

and

¶7

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

¶8

W.P.(MD)No.28968 of 2024

¶9

and

¶10

W.M.P.(MD)No.24540 of 2024

¶11

M.Malaipuliyan : Petitioner

¶12

Vs.

¶13

1.The District Collector / Monitoring Committee,

¶14

Madurai District,

¶15

Madurai.

¶16

2.The Revenue Divisional Officer,

Vellaripatti,

Melur Taluk,

Madurai District.

3.The Tahsildar,

Melur Taluk Office,

Madurai District.

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

¶24

1/7

¶25

W.P.(MD)No.28968 of 2024

¶26

4.The Block Development Officer, Village Panchayat,

¶27

Melur Panchayat Union Office, Madurai District.

¶28

5.The President, Vellaripatti Panchayat, Melur Taluk, Madurai District.

¶29

6.M.Bharathi

¶30

7.M.Andichamy : Respondents

¶31

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 5 herein to remove the encroachments made by the respondents 6 and 7 in Survey No.720/7 of West Street, Vellaripatti Panchayat, Narasingapatti, Melur Taluk, Madurai District, by considering the representation of the petitioner dated 06.09.2024, that classified as public path and restore the same as per revenue records within a time as may be fixed by this Court.

¶32

For Petitioner : Mr.V.Balasundarakumar

¶33

For Respondents 1 to 3 : Mr.S.R.A.Ramachandran Additional Government Pleader

¶34

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

¶35

2/7

¶36

W.P.(MD)No.28968 of 2024

¶37

For Respondent No.4 : Mr.J.Ashok

¶38

Additional Government Pleader

¶39

For Respondent No.5 : Mr.Aayiram K.Selvakumar Standing Counsel

¶40

**O R D E R **************

¶41

[ Order of the Court was made by M.S.RAMESH, J.]

¶42

By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.

¶43

2. This writ petition has been filed for a Mandamus to direct the respondents 1 to 5 herein to remove the encroachments made by the respondents 6 and 7 in Survey No.720/7 of West Street, Vellaripatti Panchayat, Narasingapatti, Melur Taluk, Madurai District, by considering the representation of the petitioner dated 06.09.2024.

¶44

3. Since this Court is directing the official respondents to consider the petitioner's representation, after giving due opportunity to the private respondents herein, notice to the private respondents is hereby dispensed with.

¶45

3/7

¶46

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

¶47

W.P.(MD)No.28968 of 2024

¶48

4. The petitioner herein had given a representation to the respondents 1 to 5 on 06.09.2024, to remove the encroachment alleged to have been made by the respondents 6 & 7. Since the said representation was not considered, the present writ petition has been filed.

¶49

5. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of the India and direct them to consider the same within a stipulated time.

¶50

6. In the light of the above observations, there shall be a direction to the respondents 1 to 5 herein to consider the petitioner's representation dated 06.09.2024, on its own merits and pass appropriate orders in accordance with law, after giving due 4/7

¶51

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

¶52

W.P.(MD)No.28968 of 2024

¶53

opportunity to the petitioner herein and the respondents 6 & 7 herein, as well as all other persons, who may be interested in the subject property, within a period of three [3] months from the date of 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.

¶54

7. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

¶55

[M.S.R.,J.] & [A.D.M.C.,J.]

¶56

04.12.2024

¶57

Neutral Citation : Yes/No Index : Yes/No Internet : Yes/No MR

¶58

5/7

¶59

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

¶60

W.P.(MD)No.28968 of 2024

¶61

¶62

1.The District Collector / Monitoring Committee, Madurai District, Madurai.

¶63

2.The Revenue Divisional Officer, Vellaripatti, Melur Taluk, Madurai District.

¶64

3.The Tahsildar, Melur Taluk Office,

¶65

Madurai District.

¶66

4.The Block Development Officer, Village Panchayat, Melur Panchayat Union Office, Madurai District.

¶67

5.The President, Vellaripatti Panchayat, Melur Taluk, Madurai District.

¶68

6/7

¶69

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

¶70

W.P.(MD)No.28968 of 2024

¶71

M.S.RAMESH, J. and A.D.MARIA CLETE, J.

¶72

¶73

ORDER MADE IN W.P.(MD)No.28968 of 2024

¶74

04.12.2024

¶75

7/7 https://www.mhc.tn.gov.in/judis

M.Malaipuliyan v. The District Collector / Monitoring Committee

Case brief

What is this about?

What did the court decide?

M.Malaipuliyan v. The District Collector / Monitoring Committee

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

L.Santiagu Vs The District Collector

Chelladurai. K Vs The Managing Director

The Director Of Elementary Education Vs B George

The Government of Tamil Nadu, Vs AnnathanaChathiram Sachidhanatham Swamy Madam

The Government of Tamil Nadu, Vs AnnathanaChathiram Sachidhanatham Swamy Madam

S.Nachimuthu Vs The District Collector