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2026 Supreme(Online)(Mad) 83889
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M. Dhandapani, N. Dilip Kumar, JJ
J. Abdul Rahman – Appellant
Versus
District Collector Madurai District Madurai – Respondent
W.P.(MD).No.771 of 2023|W.M.P.(MD).No.754 of 2023
For the Appellants/Petitioners: S. Mohamed Suhail
For the Respondents: M. Mahaboob Athiff, S. Devasena, P. Karthick, O.R. Gokul Abimanyu
The Court directed the official respondents to consider the petitioner's representation regarding the removal of road encroachments and the covering of a channel, requiring a speaking order to be passed on merits and in accordance with law within 12 weeks.
Headnote:(A) Writ of Mandamus - Removal of Encroachment - Direction to consider representation - In a petition seeking removal of encroachments on a public road and the covering of a channel for road use, the Court may direct the respondents to consider the petitioner's representation and pass a speaking order on merits and in accordance with law within a stipulated timeframe.
Issues: Whether the respondents should be directed to consider the petitioner's representation regarding the removal of encroachments and improvement of the road infrastructure.
ORDER
(Order of the Court was made by M.DHANDAPANI.J .)
This writ petition has been filed for a Mandamus to direct the respondents to remove the encroachment made on the side of the Road situates in T.S.No.4507, Gokalae Road, Chinna Sokkikulam, Madurai 625 002, between the channel in T.S.No.943 and the property in T.S.No.948 connecting the Alagar Kovil Road and to cover up the channel running through our area connecting Gokalae Road and Alagar Kovil Road to use the same as road as has been done in other areas.
The learned counsel for the petitioner would submit that it would suffice if this Court issues a direction to the respondents to consider the petitioner's representation dated 21.12.2022 and pass appropriate orders thereon, on merits and in accordance with law, within a time frame to be fixed by this Court.
The learned Special Government Pleader for the official respondents, on instructions, would submit that the respondents will consider the petitioner's representation dated 21.12.2022 and dispose of the same by passing a speaking order on merits and in accordance with law, expeditiously.
In view of the submission made by the learned counsel on either side, without expressing any opinion on the merits of the case, this Writ Petition stands disposed of with a direction to the respondents to consider the petitioner's representation dated 21.12.2022 and pass appropriate orders on the same, on merits and in accordance with law, as expeditiously as possible, preferably within a period of 12 weeks from the date of receipt of a copy of this order, after affording sufficient opportunity to the parties interested, if any. No costs. Consequently, connected Miscellaneous Petition is closed.
