1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD).No.8679 of 2011 N.Diwan Mohammed : Petitioner Vs. 1.The District Collector, Tirunelveli District Collectorate, Tirunelveli. 2.The Assistant Director of Panchayats, District Collectorate Office, Tirunelveli. 3.The Revenue Divisional Officer, Tenkasi, Tirunelveli District. 4.The Tahsildar, Sengottai Taluk, Tirunelveli District. 5.The Block Development Officer, Tenkasi Panchayat Union, Tenkasi, Tirunelveli District. 6.The President, Vallam Panchayat, Sengottai Taluk, Tirunelveli District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to remove the encroachment area with the help of respondents 2 to 6 made in S.F.No.136/3 East to West 6.8 feet common pathway (original width is 8.8 feet) in Bismi Nagar in Vallam Panchayat in Sengottai Taluk in Tiruenveli District. For Petitioner : Mr.A.V.Rajasekaran For Respondents : Mr.K.Mahendran Special Government Pleader O R D E R [Order of the Court was made BY M.M.SUNDRESH, J] Mr.K.Mahendran, learned Special Government Pleader, takes notice on behalf of the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. It is the case of the petitioner that a representation was given on 11.12.2009, which was followed by another representation dated 01.03.2011 to the first respondent requiring to take action to remove the encroachment made by obstructing the pathway. According to the petitioner, in spite of receipt of such representations, the respondents https://hcservices.ecourts.gov.in/hcservices/ 2 have not taken any action, and hence, the petitioner has come forward to file the present Writ Petition. 3. Considering the fact that the representation given by the petitioner is still pending consideration with the first respondent, without expressing any opinion on the merits of the case, the Writ Petition stands disposed of with a direction to the first respondent to consider the representation of the petitioner dated 01.03.2011 and pass appropriate orders on merits and in accordance with law, after affording opportunity to the parties, who will be affected by the proposed action to be taken by the respondents, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. No costs. Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar To 1.The District Collector, Tirunelveli District Collectorate, Tirunelveli. 2.The Assistant Director of Panchayats, District Collectorate Office, Tirunelveli. 3.The Revenue Divisional Officer, Tenkasi, Tirunelveli District. 4.The Tahsildar, Sengottai Taluk, Tirunelveli District. 5.The Block Development Officer, Tenkasi Panchayat Union, Tenkasi, Tirunelveli District. 6.The President, Vallam Panchayat, Sengottai Taluk, Tirunelveli District. +1CC TO THE SPECIAL GOVERNMENT PLEADER, SR.26395 +1CC TO MR.A.V.RAJASEKARAN, ADVOCATE SR.26333 NB SR : 19.08.2011 : 2p/9c ORDER MADE IN W.P.(MD).No.8679 of 2011 04.08.2011 https://hcservices.ecourts.gov.in/hcservices/