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2026 Supreme(Online)(Mad) 91371
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M. Dhandapani, N. Dilip Kumar, JJ
S. Saravanan – Appellant
Versus
District Collector, Madurai District – Respondent
W.P(MD)No.15151 of 2023 | WMP (MD) No.21749 of 2023
For the Appellants/Petitioners: V. Ganapathy Subramanian
For the Respondents: M. Mahaboob Athiff, S. Baskar Mathuram
The Court directed official respondents to consider and decide upon a representation regarding alleged encroachment of government poramboke land, ensuring that all necessary parties are given an opportunity of hearing before passing orders.
Headnote:(A) Writ of Mandamus - Government Land Encroachment - Failure to act on representation - Direction to official respondents to consider the representation and pass appropriate orders on merits and in accordance with law after providing an opportunity of hearing to all necessary parties. (Para 6)
Issues: Whether the official respondents should be directed to consider the petitioner's representation regarding encroachment on government road.
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 4 to consider the petitioner's representation dated 22.10.2022.
O R D E R
(Order of the Court was made by M.DHANDAPANI, J.)
The present writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to consider the petitioner's representation dated 22.10.2022.
2. Heard the learned counsel for the parties and perused the materials available on record.
3. Alleging that the respondents 5 and 6 have encroached upon the government road in Survey No.182/8 and Survey No.182/16, which is a Government Poramboke land, the petitioner submitted a representation dated 22.10.2022 to the official respondents, requesting them to inspect the subject property and take appropriate action in accordance with law. Since no effective action has been taken on the said representation, the present writ petition has been filed.
4. The learned counsel appearing for the petitioner would submit that it would suffice if this Court issues a direction to the official respondents to consider the petitioner's representation dated 22.10.2022 and pass appropriate orders thereon, on merits and in accordance with law, within a time frame to be fixed by this Court.
5. The learned Special Government Pleader appearing for the respondents 1 to 4, on instructions, would submit that the respondents 1 to 4 will consider the petitioner's representation and pass appropriate orders on merits and in accordance with law.
6. Considering the above facts and circumstances of the case and without expressing any opinion on the merits of the matter, this Writ Petition is disposed of with a direction to the respondents 1 to 4 to consider the petitioner's representation dated 22.10.2022 and pass appropriate orders on merits and in accordance with law, after issuing notice to all necessary parties including the respondents 5 and 6 and affording them an opportunity of hearing. The entire exercise shall be completed as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. No costs.
