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Thangavel Naicker vs The District Collector

Madras High Court|27 November, 2017

JUDGMENT / ORDER

This Writ petition has been filed seeking a Writ of Mandamus forbearing the respondents from laying the road in the temple property comprised in Survey No.448/2 situated at Elumalai, Peraiyur Taluk, Madurai District based on the petitioner's representation dated 22.07.2015 sent to the respondents otherwise than and by following due process of law and thus render justice.
2. It is the allegation of the petitioner that the respondents are trying to lay a road in the temple property comprised in Survey No.448/2 situated at Elumalai, Peraiyur Taluk, Madurai District and against which the petitioner has submitted a representation dated 22.07.2015. As the same is kept pending without any progress, the petitioner is before this Court for the aforesaid relief.
3. The learned Counsel for the respondents and 2 has submitted that the allegation levelled against the department is not true and the petitioner has encroached the Government promboke property.
4. The learned Counsel for the petitioner has submitted that the representation of the petitioner shall be considered by the authorities, based on the available revenue records.
5. Under such circumstances, this Court, without expressing any opinion on the merits of the petitioner's claim, directs the first respondent, to consider the representation of the petitioner dated 22.07.2015, after verifying the revenue records and pass suitable orders thereon, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner as well as other interested parties, if any. In the meanwhile, status-quo to be maintained.
6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
To
1.The District Collector Madurai District.
2.The Tahsildar Peraiyur Taluk, Madurai District.
.
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Title

Thangavel Naicker vs The District Collector

Court

Madras High Court

JudgmentDate
27 November, 2017