1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD)No.11926 of 2011 T.Babu ... Petitioner Vs. 1.The Collector, Kanyakumari District, Nagercoil. 2.The Tahsildar, Kalkulam Taluk, Kanyakumari District. 3.B.Jegadeesan ... Respondents Writ Petition under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the 1st and 2nd respondents to inspect the encroachment made by the 3rd respondent and evict the same as per the petitioner's representation, dated 20.06.2011. For Petitioner : Mr.P.Muthuvijayapandian For Respondents : Mr.S.Venkatesh, 1 & 2 Government Pleader. O R D E R [Order of the Court was made BY K.N.BASHA, J] The petitioner has come forward with this public interest litigation seeking for a direction to the 1st and 2nd respondents to inspect the encroachment made by the 3rd respondent and evict the same, as per the petitioner's representation, dated 20.06.2011. 2.Mr.S.Venkatesh, learned Government Pleader, takes notice for the 1st and 2nd respondents. In view of the limited prayer made by the petitioner seeking for a direction to the 1st and 2nd respondents to consider his representation, we are of the view that no notice need be issued to respondent No.3, as his interest would also be protected by passing the following order. By mutual consent of the learned counsel for the parties, the main writ https://hcservices.ecourts.gov.in/hcservices/ 2 petition itself is taken up for final hearing at the time of admission itself. 3.Learned counsel for the petitioner would contend that the 3rd respondent herein has encroached the public road and inspite of the representation to respondents 1 and 2, no action was taken and as such the petitioner is constrained to approach this Court with the above said prayer. 4.We have heard the learned Government Pleader on the submissions made by the learned counsel for the petitioner. 5.In view of the limited prayer made by the petitioner in this writ petition, this Court, without going into the merits of the representation of the petitioner dated 20.06.2011, is constrained to direct the respondents 1 and 2 to consider the representation of the petitioner, dated 20.06.2011, by affording an opportunity of hearing to the petitioner as well as to the 3rd respondent and also to other relevant parties and pass orders on its merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner shall furnish a copy of his representation, dated 10.09.2011, along with the copy of this order, to the first respondent. 4.With the above direction, this writ petition is disposed of. No costs. Sd/- Deputy Registrar (Writs) /True Copy/ Assistant Registrar To: 1.The Collector, Kanyakumari District, Nagercoil. 2.The Tahsildar, Kalkulam Taluk, Kanyakumari District. ORDER IN WP(MD)No.11926/2011 gb SMA/10.11.2011/3C/2P https://hcservices.ecourts.gov.in/hcservices/