1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD)No.13310 of 2011 Iyyapazham, S/o.Sivasubramaniyan ... Petitioner Vs. 1.The District Collector, Kanyakumari District, Nagercoil. 2.The Revenue Divisional Officer, Nagercoil. 3.The Tahsildar, Agasteeswaram Taluk, Nagercoil. 4.The Executive Officer, South Thamaraikulam Town Panchayat, Kanyakumari District. 5.Mani Indiran, S/o.Appaswamy Nadar ... Respondents Writ Petition under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 1 to 4 to remove the illegal encroachment by the 5th respondent in R.S.No.592/20 of South Tamaraikulam Village, Agasteeswarm Taluk, Kanyakumari District. For Petitioner : Mr.C.T.Perumal For Respondents : Mr.R.Anandharaj, 1 to 4 Government Advocate. ORDER [Order of the Court was made K.N.BASHA, J] Mr.R.Anandharaj, learned Government Advocate, takes notice for respondents 1 to 4. In view of the order which we propose to pass protecting the interest of the 5th respondent, we are of the view that no notice need be sent to the 5th respondent at this stage. By mutual consent of the counsel on either side, 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 petition praying for a direction to the respondents 1 to 4 to remove the illegal encroachment by the 5th respondent in R.S.No.592/20 of South Tamaraikulam Village, Agasteeswarm Taluk, Kanyakumari District. https://hcservices.ecourts.gov.in/hcservices/ 2 3.The learned counsel for the petitioner would submit that the 5th respondent has encroached upon a public pathway and in view of the same, the petitioner has given several representations to the respondents but, in spite of the same, no action was taken and as such the petitioner was constrained to approach this Court with the present petition with the aforesaid prayer. He would further submit that though the petitioner has come forward with a larger prayer, the petitioner would be satisfied if a direction is given to the respondents to consider his representations, dated 20.10.2009 and 19.09.2011. 4.Heard the learned Government Advocate appearing for respondents 1 to 4 on the submissions made by the learned counsel for the petitioner. 5.We have carefully considered the submissions made by the counsel on either side and perused the materials available on record. 6.In view of the limited prayer now made before this Court by the learned counsel for the petitioner, this Court, without going into the merits of the representations of the petitioner and without expressing any view on such representations, is constrained to direct the 1st respondent to consider the representations of the petitioner, dated 20.10.2009 and 19.09.2011, by affording an opportunity to the petitioner as well as to the 5th respondent and also to other relevant parties, by sending notices, 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 fresh copy of his representations, dated 20.10.2009 and 19.09.2011, to the 1st respondent, along with a copy of this order, within ten days from the date of receipt of a copy of this order. 7.With the above direction, the writ petition stands disposed of. No costs. Sd/- Assistant Registrar (AS) / True Copy / Sub Assistant Registrar To: 1.The District Collector, Kanyakumari District, Nagercoil. 2.The Revenue Divisional Officer, Nagercoil. 3.The Tahsildar, Agasteeswaram Taluk, Nagercoil. 4.The Executive Officer, South Thamaraikulam Town Panchayat, Kanyakumari District. +1CC TO THE SPECIAL GOVERNMENT PLEADER, SR : 41251 Gb SR : 07.12.2011 : 2p/6c Order in W.P.(MD)No.13310/2011 Dated:23.11.2011 https://hcservices.ecourts.gov.in/hcservices/