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.13359 of 2011 S.P.Gurusamy ... Petitioner Vs. 1.The District Collector, Madurai District, Madurai. 2.The Commissioner, Madurai Corporation, Madurai. 3.The Tahsidar (Madurai South), Madurai Collector's Office, Madurai. ... Respondents Writ Petition under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 3rd respondent to take steps to remove encroachments, based on the petitioner's representation, dated 19.09.2011. For Petitioner : Mr.N.Sundareshan for Sun Associates For Respondents : Mr.R.Anandharaj, 1 & 3 Government Advocate. For Respondent-3 : Mr.S.Janakar ORDER [Order of the Court was made K.N.BASHA, J] Mr.R.Anandharaj, learned Government Advocate, takes notice for respondents 1 and 3. Mr.S.Janakar, learned Standing Counsel for the Madurai Corporation, takes notice for respondent No.2. 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 3rd respondent to take steps to remove encroachments, based on the petitioner's representation, dated 19.09.2011. 3.Learned counsel for the petitioner would submit that the petitioner is a resident of Vasantha Nagar 3rd Street, Madurai, and there is a common path way, approved by the Corporation, at S.No.147/1A for the usage of general public to commute between T.P.K.Road and Ramalinga and Vasantha Nagar. He would further submit that one M.Ramalingam and M.Murugesan have jointly blocked the said common pathway by raising wall and complaining the same, the petitioner and other residents made a representation to the 1st respondent on 19.09.2011 but, till date no action was taken and as such the petitioner has been constrained to approach this Court with the present petition with the aforesaid prayer. https://hcservices.ecourts.gov.in/hcservices/ 2 4.Heard the learned Government Advocate appearing for respondents 1 and 3 and the learned Standing Counsel for respondent No.2 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 made in this matter, this Court, without going into the merits of the representation of the petitioner and without expressing any view on such representation, is constrained to direct the respondents 1 to 3 to consider the representation of the petitioner, dated 19.09.2011, by affording an opportunity to the petitioner as well as to the alleged encroachers, namely M.Ramalingam and M.Murugesan 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 copies of their representation, dated 19.09.20111, to the respondents 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 (AE) /True Copy/ Sub Assistant Registrar(CS) To: 1.The District Collector, Madurai District, Madurai. 2.The Commissioner, Madurai Corporation, Madurai. 3.The Tahsidar (Madurai South), Madurai Collector's Office, Madurai. +1cc to Special Government Pleader, SR.No.41248 +1. C.C to M/s. N.Sundareshan for Sun Associates,, SR.No.41220 gb GH : 07.12.2011 : 2p/6c Order in W.P.(MD)No.13359/2011 Dated:23.11.2011 https://hcservices.ecourts.gov.in/hcservices/