Kalimuthu Vs The District Collector

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the third respondent to implement the direction of the first respondent in his proceedings in Na.Ka.Aa1/1210/2024-5 dated 04.10.2024 in respect of land in S.No.51

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situated at Kalayapatti Village Group, Kadavur Taluk, Karur District and remove the encroachments erected by the fifth respondent on the said pathway and restore the pathway.

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For Petitioner : Mr.V.Kannan

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For Respondents 1 to 4 : Mr.P.Thilak Kumar

Government Pleader

O R D E R

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

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By consent of both sides, the writ petition itself is taken up for

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final disposal at the stage of admission itself.

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2. This writ petition has been filed for a Mandamus to direct the

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third respondent to implement the direction of the first respondent in his proceedings in Na.Ka.Aa1/1210/2024-5 dated 04.10.2024 in respect of land in S.No.51 situated at Kalayapatti Village Group, Kadavur Taluk, https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.2789 of 2025

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Karur District and remove the encroachments erected by the fifth respondent on the said pathway and restore the pathway.

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3. Since this Court is directing the third respondent to consider

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the petitioner's representation, after giving due opportunity to the private respondent herein, notice to the private respondent is hereby dispensed with.

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4. The petitioner herein had given representation to the official respondents on 16.05.2023, for removal of the alleged encroachment. Since the said representation was not considered, the present writ petition has been filed.

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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

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of the India and direct them to consider the same within a stipulated time.

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

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W.P.(MD)No.2789 of 2025

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6. In the light of the above observations, there shall be a direction to the third respondent to consider the petitioner's representation dated 16.05.2023, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner herein and the fifth respondent, 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.

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7. With the above direction, this Writ Petition stands disposed

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of. There shall be no order as to costs.

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

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30.01.2025

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Neutral Citation : Yes/No

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Index : Yes/No Internet : Yes/No MR