1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22/12/2011 C O R A M THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P.(MD)No.14754 of 2011 S.Arokiaraj ... Petitioner Vs 1. The District Collector Tiruchirapalli District. 2. The District Revenue Officer Tiruchirapalli District. 3. The Revenue Divisional Officer Tiruchirapalli District. 4. The Tahsildar Srirengam Taluk,Tiruchirapalli. 5. Block Development Officer Manikandam Panchayat Union Manikandam,Srirengam Taluk Tiruchirapalli District. 6. The President Alanthur Panchayat Srirengam Taluk Tiruchirapalli District. 7. Palavendran 8. Yagappan ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondents 1 to 6 to consider the representation of the petitioner dated 20/6/2011 to remove the encroachment made by the seventh and eighth respondents in survey No.171/1 of Yagappaudaiyan Patti, Alanthur Village, Srirangam Taluk, Tiruchirapalli District and use the same for public purpose and maintain free flow of drain and rain water. For petitioner : Mr.Sribalaji For Respondent : Mr.S.Chandrasekaraan, G.A for R.R.1 to 5. https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R [Order of the Court was made by K.N.BASHA,J] The petitioner has come forward with this petition seeking for the relief of a direction to the respondents 1 to 6 to consider the representation of the petitioner dated 20/6/2011 to remove the encroachment made by the seventh and eighth respondents in survey No.171/1 of Yagappaudaiyan Patti, Alanthur Village, Srirangam Taluk, Tiruchirapalli District and use the same for public purpose and maintain free flow of drain and rain water. 2. By mutual consent of the learned counsel appearing for the petitioner and Mr.S.Chandrasekaran, learned Government Advocate appearing for the respondents 1 to 5, the main writ petition itself is taken up for final hearing, at the admission stage itself. We are of the view that notice need not be issued to the respondents 7 and 8, since the interest of the seventh and eighth respondents would be protected by this order. 3. In view of the fact that this Court is going to protect the respondents 7 and 8, this Court is of the view that notice need not be ordered at this stage. 4. The learned counsel appearing for the petitioner would submit that the petitioner has preferred this petition seeking for the relief of removal of encroachment made by the respondents 7 and 8 by way of representation dated 20/6/2011, but till date, no action was taken by the respondents. Hence the petitioner has come forward with the present writ petition for the relief stated therein. 5. Heard Mr.S.Chandrasekaran, Government Advocate appearing for the respondents 1 to 5 on the submissions made by the learned counsel appearing for the petitioner. 6. Considering the submissions of the facts and circumstances of the case, without going into the merits and without expressing any view on the representation of the petitioner dated 20/6/2011, we are constrained to direct the petitioner to send a copy of the representation dated 20/6/2011 to the respondents 1 to 6 within a period of seven days from the date of receipt of a copy of this order and on receipt of the same, the respondents 1 to 6 are directed to consider the representation of the petitioner dated 20/6/2011 by affording an opportunity to the petitioner and by sending notice to respondents 7 and 8 and by affording opportunity to the respondents 7 and 8 and other relevant parties and pass orders on merits and in accordance with law within a period of eight weeks thereafter. https://hcservices.ecourts.gov.in/hcservices/ 3 7. With the above direction, this writ petition stand disposed of. No costs. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To 1. The District Collector, Tiruchirapalli District. 2. The District Revenue Officer Tiruchirapalli District. 3. The Revenue Divisional Officer Tiruchirapalli District. 4. The Tahsildar Srirengam Taluk Tiruchirapalli. 5. Block Development Officer Manikandam Panchayat Union Manikandam,Srirengam Taluk Tiruchirapalli District. 6. The President, Alanthur Panchayat, Srirengam Taluk, Tiruchirappalli District. +one cc to Special Government Pleader, Sr.No.45976 +1cc to Mr.Sri Balaji, Advocate, Sr.No.45418 W.P.(MD) N0.14754 of 2011 mvs SMA/6.1.2012/9C/3P https://hcservices.ecourts.gov.in/hcservices/