P.Kumar Vs The District Collector / Chairperson

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 5 to remove the illegal encroachment made by the respondents 6 to 12 along the South-North main road in Survey Nos.2181, 2176 and 2196, Boothipuram Village, Thadikombu Town Panchayat, Dindigul District and restore the same to the original use and for public access, consequently direct the respondents 1 to 5 to take necessary steps to prevent further encroachments and ensure that the public land meant for common use including religious rites and other public utilities, remain accessible to the general public within time frame fixed by this Court.

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

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W.P(MD)No.12349 of 2025

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For Petitioner : Mr.S.Balamurugan For RR 1 to 3 : Mr.J.Ashok Additional Government Pleader For R – 4 : Mr.S.S.Madhavan Additional Government Pleader For R – 5 : Mr.A.Albert James Government Advocate

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ORDER

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(Order of the Court was made by J. NISHA BANU, J.)

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By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself. Considering the limited relief sought for by the petitioner, notice to the respondents 6 to 12 is dispensed with.

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2.The grievance of the petitioner is that his representation dated

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29.11.2024, seeking the removal of illegal encroachments made by the respondents 6 to 12 along the South-North main road in Survey Nos.2181, 2176 and 2196, Boothipuram Village, Thadikombu Town Panchayat, Dindigul District and the restoration of the same to its original use for public access, has been kept pending without any progress. The petitioner has also sought a direction to the

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

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W.P(MD)No.12349 of 2025

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respondents 1 to 5 to take necessary steps to prevent further encroachments and to ensure that the public land meant for common use, including religious rites and other public utilities, remains accessible to the general public. Hence, he has filed this Writ Petition seeking the aforesaid relief.

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3.The learned Additional Government Pleader appearing for respondents 1 to 3 submits that the representation of the petitioner will be considered and appropriate orders will be passed on its own merits within a time frame stipulated by this Court.

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4.Considering the limited scope of the relief sought for by the petitioner and without expressing any opinion on the merits of the petitioner’s claim either in the representation or in the affidavit filed in support of this Writ Petition, we direct the third respondent to consider the representation of the petitioner dated 29.11.2024, after affording a sufficient opportunity of personal hearing to both the petitioner and the respondents 6 to 12 and to pass appropriate orders on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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W.P(MD)No.12349 of 2025

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5.With the above direction, this Writ Petition is disposed of. There

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shall be no order as to costs.

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[J.N.B.,J.] & [S.S.Y.,J.] 28.04.2025