1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD)No.12692 of 2011 K.Gandhi ... Petitioner Vs. 1.The District Collector, Trichy. 2.The Tahsildar, Manapparai. 3.The Commissioner, Vaiyampatty Panchayat Union, Vaiyampatty Post, Manapparai Taluk. 4.Bala Thandayuthapani, Vaiyampatti Panchayat, Manapparai Taluk, Trichy District. ... Respondents Writ Petition under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the respondents 1 to 3 to take suitable steps to remove the encroachments in Survey Nos.391/6, 391/7, 391/8, 391/9 of Vaiyampatti Village, Manapparai Taluk, Trichy District by following the report of second respondent dated 16.11.2010 and pass such further or other orders. For Petitioner : Mr.J.Anandkumar For Respondents : Mr.R.Anandharaj 1 and 2 Government Advocate. For Respondent-3 : Mr.K.Mahendran Special Government 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 Respondents 1 and 2. Mr.K.Mahendran, learned Special Government Pleader, takes notice for respondent No.3. In view of the order we propose to pass in this order, no notice need be sent to the https://hcservices.ecourts.gov.in/hcservices/ 2 4th respondent as his interest is also going to be protected. 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 respondents 1 to 3 to take suitable steps to remove the encroachments in Survey Nos.391/6, 391/7, 391/8, 391/9 of Vaiyampatti Village, Manapparai Taluk, Trichy District, by following the report of the second respondent, dated 16.11.2010. 3.Learned counsel for the petitioner would submit that the petitioner already complained to the respondents to take action in respect of the encroachments made in Survey Nos.391/6, 391/7, 391/8, 391/9 of Vaiyampatti Village, Manapparai Taluk, Trichy District. It is contended that in spite of a report submitted by the 2nd respondent on 16.11.2010, no further action was taken and therefore the petitioner made a representation to the 1st respondent on 02.08.2011. It is the grievance of the petitioner that even then no action was taken by the respondents to remove the encroachments and as such the petitioner has been constrained to approach this Court with the present petition with the aforesaid relief. 4.Heard the learned Government Advocate appearing for respondents 1 and 2 and the learned Special Government Pleader appearing for respondent No.3, on the submissions made by the learned counsel for the petitioner. 5.In view of the submission made by the learned counsel appearing for the petitioner that the petitioner would be satisfied if a direction is given to the 3rd respondent to consider the representation of the petitioner in the light of the report submitted by the 2nd respondent, this Court, without going into the merits of the representation of the petitioner, is constrained to direct the 3rd respondent to consider the representation of the petitioner, dated 02.08.2011, in the light of the report of the 2nd respondent dated 16.11.2010, by affording an opportunity to the petitioner as well as to the 4th respondent and other relevant parties and pass orders on 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 02.08.2011, along with a copy of this order, to the 2nd respondent, within 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(AS) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To: 1.The District Collector, Trichy. 2.The Tahsildar, Manapparai. 3.The Commissioner, Vaiyampatty Panchayat Union, Vaiyampatty Post, Manapparai Taluk. +1cc to the Special Govt.Pleader, Sr.No. 38654 gb ssk/14.11.2011 /5c -3p/- ORDER IN WP(MD)No.12692 of 2011 Dated:09.11.2011 https://hcservices.ecourts.gov.in/hcservices/