S.Shanmugeshwari Vs The District Collector

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachments

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Page 1 of 5

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

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W.P.(MD) No.3953 of 2025

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made by the 5^th respondent in the common pathway comprised in S.No.77/15F and 77/8 situated at Nallamangalam Village, Rajapalayam Taluk, Virudhunagar District by considering the petitioner's representation dated 14.10.2024 and 26.11.2024 within the time stipulated by this Court.

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For Petitioner : Mr.C.Gangai Amaran For R1 to R3 : Mr.J.Ashok, Additional Government Pleader For R4 : 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 stage of admission itself.

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It is the grievance of the petitioner that her representations dated 14.10.2024 and 26.11.2024, seeking removal of the encroachment made by the 5 th respondent in the common pathway comprised in S.No.77/15F and 77/8 situated at Nallamangalam Village, Rajapalayam Taluk, Virudhunagar District, is kept pending till date without any progress. Therefore, she has filed this Writ Petition, seeking for a direction to the respondents 1 to 4 to remove the aforesaid

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Page 2 of 5

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

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W.P.(MD) No.3953 of 2025

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encroachment made by the 5^th respondent by considering her representations dated 14.10.2024 and 26.11.2024.

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3.Mr.J.Ashok, learned Additional Government Pleader, who takes notice

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on behalf of the respondents 1 to 3, submits that the representations of the petitioner would be considered and appropriate orders would be passed on its own merits within a period that may be stipulated by this Court.

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4.Mr.A.Albert James, learned Government Advocate takes notice for the 4^th respondent. Notice to the 5^th respondent is hereby dispensed with, since no adverse order is going to be passed as against him.

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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 respondents to consider the representations of the petitioner dated 14.10.2024 and 26.11.2024, after giving sufficient opportunity of hearing to the parties concerned and pass appropriate orders on merits and in accordance with law within a period of eight [8] weeks from the date of receipt of a copy of this order.

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Page 3 of 5

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

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W.P.(MD) No.3953 of 2025

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

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[J.N.B., J.] & [S.S.Y., J.] 17.02.2025

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NCC : Yes / No Index : Yes / No Yuva