S.Vigneswaran Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

S.Vigneswaran Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ Petition disposed of with a direction to the 3rd respondent (Tahsildar, Thuraiyur) to consider the petitioner's representation dated 16.04.2025, after affording hearing to the petitioner and respondents 4 to 6, and to pass appropriate orders on merits and in accordance with law within twelve (12) weeks from receipt of a copy of the order; no costs.

Issue for consideration

Whether respondents 1 to 3 (in particular the 3rd respondent/Tahsildar, Thuraiyur) are obliged to consider and decide the petitioner's representation dated 16.04.2025 seeking removal of the encroachment and unauthorized construction put up by respondents 4 to 6 in Old Survey No.239/2, New Survey No.320/18 on Sarkar Purampokku in Erakudi Vadakkupatti Village, Thuraiyur Taluk, Trichy District.

Court's answer

Without expressing any opinion on the merits of the petitioner's claim, the Court directed the 3rd respondent (Tahsildar, Thuraiyur) to consider the petitioner's representation dated 16.04.2025 after giving sufficient opportunity of hearing to the petitioner and respondents 4 to 6, and to pass appropriate orders on merits and in accordance with law within twelve (12) weeks from receipt of a copy of the order.

Ratio / Principle

The Court expressly did not express any opinion on the merits of the claim made by the petitioner either in the representation or in the affidavit filed in support of the Writ Petition, confining itself to the limited scope of the prayer for consideration of the representation.

Detailed headnote1 paragraphs

Writ of Mandamus – Public (Sarkar Purampokku) land – Encroachment and unauthorized construction by private respondents 4 to 6 in Old Survey No.239/2, New Survey No.320/18, Erakudi Vadakkupatti Village, Thuraiyur Taluk, Trichy District – Petitioner's representation dated 16.04.2025 to respondents 1 to 3 (District Collector, RDO Musiri, Tahsildar Thuraiyur) kept pending without progress – Held, considering the limited scope of the prayer and without expressing any opinion on the merits of the claim made in the representation or affidavit, the Tahsildar, Thuraiyur directed to consider the representation dated 16.04.2025 after giving sufficient opportunity of hearing to the petitioner and respondents 4 to 6, and to pass appropriate orders on merits and in accordance with law within twelve (12) weeks from receipt of a copy of the order – Notice to respondents 4 and 6 dispensed with, no adverse order being passed against them – Writ Petition disposed of; no costs.

W.P.(MD) No.13456 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 30.04.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND

THE HONOURABLE MRS.JUSTICE S.SRIMATHY

W.P.(MD)No.13456 of 2025

S.Vigneshwaran

... Petitioner

-Vs-

1.The District Collector, Trichy District.

2.The Revenue Divisional Officer, Musiri, Trichy District.

3.The Tahsildar, Thuraiyur, Trichy District.

4.S.Devaraj 5.P.Selvam 6.P.Suresh ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment and unauthorized construction put up by the respondents 4 to 6 in Old Survey No. 239/2, New Survey No.320/18 on Sarkar Purampokku in Erakudi Vadakkupatti Village, Thuraiyur Taluk, Trichy District by considering the petitioner's

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W.P.(MD) No.13456 of 2025

representation dated 16.04.2025 within a period that may be stipulated by this Court.

For Petitioner : Mr.T.Udhaya Jeeva For R1 to R3 : Mr.M.Sarangan, Additional Government Pleader For R5 : Mr.R.Senthil Kumar

ORDER

[Order of the Court was made by J.NISHA BANU, J. ]

By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

It is the grievance of the petitioner that his representation dated 16.04.2025, seeking removal of the encroachment and unauthorized construction put up by the respondents 4 to 6 in Old Survey No.239/2, New Survey No.320/18 on Sarkar Purampokku in Erakudi Vadakkupatti Village, Thuraiyur Taluk, Trichy District, is kept pending till date without any progress. Therefore, he has filed this Writ Petition.

3.Mr.M.Sarangan, learned Additional Government Pleader, who takes notice on behalf of the respondents 1 to 3, submits that the representation of the

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W.P.(MD) No.13456 of 2025

petitioner would be considered and appropriate orders would be passed in accordance with law within a period that may be stipulated by this Court.

4.Notice to the respondents 4 and 6 is dispensed with, since no adverse order is going to be passed as against them.

5.Considering the limited scope of the prayer sought for by the petitioner, without expressing any opinion on the merits of the claim made by the petitioner either in the representation or in the affidavit filed in support of this Writ Petition, we direct the 3^rd respondent to consider the representation of the petitioner dated 16.04.2025, after giving sufficient opportunity of hearing to the petitioner and the respondents 4 to 6 and 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.

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

[J.N.B., J.] & [S.S.Y., J.] 30.04.2025

NCC : Yes / No Index : Yes / No Yuva

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W.P.(MD) No.13456 of 2025

To

1.The District Collector, Trichy District.

2.The Revenue Divisional Officer, Musiri, Trichy District.

3.The Tahsildar, Thuraiyur, Trichy District.

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W.P.(MD) No.13456 of 2025

J.NISHA BANU, J. AND S.SRIMATHY, J.

Yuva

W.P.(MD)No.13456 of 2025

30.04.2025

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