1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD)No.12917 of 2011 E.Ganapathy ... Petitioner Vs. 1.The Municipal Commissioner, Municipal Commissioner Office, Sankrankovil, Tirunelveli District. 2.The Inspector of Police, Sankarankovil Police Station, Tirunelveli District. 3.Isakkiammal, W/o.Arumugachettiyar ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus directing the respondents to consider the petitioner's representation, dated 30.08.2011 and consequently directing the respondents to remove the encroachment on the common pathway in Survey No.92 made by the 3rd respondent. For Petitioner : Mr.V.Sankaranarayanan For Respondent-2 : Mr.R.Anandharaj, Govt.Advocate. For Respondent-1 : Mr.K.Mahendran, Spl.Govt.Pleader. O R D E R [Order of the Court was made BY K.N.BASHA, J] Mr.R.Anandharaj, learned Government Advocate, takes notice for respondent No.2 and Mr.K.Mahendran, learned Special Government Pleader, takes notice for the 1st respondent. In view of the order which we propose to pass, we are of the view that no notice need to be sent to the 3rd respondent at this stage, as her interest also would be protected by this order. By mutual consent of the learned counsel for the parties, the main writ petition itself is taken up for final hearing at the time of admission itself. 2.The petitioner has come forward with this writ petition seeking for a direction to the 1st respondents to consider the petitioner's representation, dated 30.08.2011 and consequently directing the respondents to remove the encroachment on the common pathway in Survey No.92 made by the 3rd respondent. https://hcservices.ecourts.gov.in/hcservices/ 2 3.Learned counsel for the petitioner would submit that stating that the 3rd respondent has made encroachments on a common pathway, the petitioner submitted a representation to the 1st respondent on 30.08.2011 but so far no action was taken by the 1st respondent and hence the petitioner was constrained to approach this Court with this petition with the aforesaid prayer. 4.Heard the learned Government Advocate appearing for the 2nd respondent and the learned Special Government Pleader appearing for the 1st respondent on the submissions made by the learned counsel for the petitioner. 5.In view of the limited prayer made in the writ petition, without going into the merits of the representation of the petitioner, this Court is constrained to direct the 1st respondent to consider the representation of the petitioner, dated 30.08.2011, by affording an opportunity to the petitioner as well as to the 3rd respondent and other relevant parties and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. The petitioner shall furnish a copy of his representation again to the 1st respondent, along with a copy of this order, within a period of ten days from the date of receipt of a copy of the order. 6.With the above direction, the writ petition stands disposed of. No costs. Sd/- Assistant Registrar (A.S) /True Copy/ Sub Assistant Registrar (C.S) To: 1.The Municipal Commissioner, Municipal Commissioner Office, Sankrankovil, Tirunelveli District. 2.The Inspector of Police, Sankarankovil Police Station, Tirunelveli District. + 1 cc to The Special Government Pleader, SR No.39774 ORDER IN WP(MD)No.12917 of 2011 Dated:14.11.2011 gb RJ/21.11.11 2p/4c https://hcservices.ecourts.gov.in/hcservices/