1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.DURAISWAMY W.P.(MD).No.8050 of 2011 S.Tajudeen : Petitioner Vs. 1.The District Collector, Sivagangai District, Sivagangai. 2.The Revenue Divisional Officer, Devakottai, Sivagangai District. 3.The Tahsildar, Thiruppathur Taluk, Sivagangai District. 4.Mr.Amanulla : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 to remove the encroachment i.e., toilet constructed in public pathway in S.No.319/11 situated in S.S.Kottai, Thiruppathur Taluk, Sivagangai District. For Petitioner : Mr.Pala Ramasamy For Respondents 1 to3 : Mr.K.Mahendran Special Government Pleader O R D E R [Order of the Court was made BY P.JYOTHIMANI, J] Mr.K.Mahendran, learned Special Government Pleader, takes notice on behalf of respondents 1 to 3. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. It is the complaint of the petitioner, who is stated to be a resident of S.S.Kottai, Thiruppathur Taluk, Sivagangai District, that the fourth respondent has put up a toilet on a place, which has been categorized as road, which is in Survey No.319/11, to an extent of https://hcservices.ecourts.gov.in/hcservices/ 2 0.01.00 ares at S.S.Kottai, Thiruppathur Taluk, Sivagangai District. It is seen that on the complaint of the petitioner, the Revenue Divisional Officer, Devakottai, the second respondent, herein, in his proceedings dated 07.02.2011, addressed to the Tahsildar, Thiruppathur Taluk, Sivagangai District, has directed the Tahsildar concerned to take appropriate action to remove the encroachment made by the fourth respondent and report the same. The grievance of the petitioner is that in spite of such a direction from the second respondent, no action has been taken by the third respondent, and therefore, he has made a representation on 06.07.2011 to the third respondent. 3. Even though the Writ Petition is for a direction to respondents 1 to 3 to remove the encroachment stated to have been made by the fourth respondent, we are of the considered opinion that inasmuch as the petitioner has made a representation on 06.07.2011, especially, when the second respondent has also issued a direction to the third respondent to take appropriate action, a direction to the third respondent to consider the representation of the petitioner dated 06.07.2011 and take appropriate action would be sufficient to meet the ends of justice. 4. In such view of the matter, the Writ Petition stands disposed of with a direction to the third respondent to consider the representation of the petitioner dated 06.07.2011 and pass appropriate orders on merits and in accordance with law, after giving opportunity to the petitioner as well as to the fourth respondent within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that while considering the said representation, it is open to the third respondent to find out as to whether there is any dispute between the petitioner and the fourth respondent. No costs. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Sivagangai District, Sivagangai. 2.The Revenue Divisional Officer, Devakottai, Sivagangai District. 3.The Tahsildar, Thiruppathur Taluk, Sivagangai District. Nb ssk/04.08.2011 /4c -2p/- ORDER MADE IN W.P.(MD).No.8050 of 2011 20.07.2011 https://hcservices.ecourts.gov.in/hcservices/