1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petitioner(MD)No.12921 of 2011 Ponnupandi, S/o.Palnivel ... Petitioner Vs. 1.The District Collector, Office of the District Collector, Madurai District, Madurai. 2.the Commissioner, Madurai Municipal Corporation, anna Malaigai, Madurai. 3.The Tahsildar, Office of the Tahsidlar, Madurai South, Madurai. ... Respondents Writ Petition under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus directing respondents to remove encroachment on the public pathway, by considering the petitioner's representation, dated 06.09.2011, within a time frame. For Petitioner : Mr.R.Alagumani For Respondents : Mr.R.Anandharaj, 1 & 3 Govt.Advocate. For Respondent-2 : Mr.M.Ravi Shankar 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 3 and Mr.M.Ravi Shankar, learned Standing Counsel for Madurai Municipal Corporation, takes notice for the 2nd respondent. 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 the respondents to remove encroachment on the public pathway, by considering the petitioner's representation, dated 06.09.2011, within a time frame. 3.Learned counsel for the petitioner would submit that inspite of the petitioner's representation, dated 06.09.2011, no action was taken by the respondents for removal of the encroachments made in public pathway and https://hcservices.ecourts.gov.in/hcservices/ 2 hence the petitioner was constrained to approach this Court with this writ petition with the aforesaid prayer. 4.Heard the learned Government Advocate appearing for the 1st and 3rd respondents and the learned Standing Counsel appearing for the 2nd respondent Corporation on the submissions made by the learned counsel for the petitioner. 5.In view of the limited prayer made in the writ petition, without going into the merits of the representation of the petitioner, this Court is constrained to direct the 1st and 3rd respondents to consider the representation of the petitioner, dated 06.09.2011, by affording an opportunity to the petitioner as well as to other relevant parties 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 a copy of his representation again to the 1st and 3rd respondents, along with a copy of this order, within a period of 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. gb Sd/- Assistant Registrar[CO] /True copy/ Sub Assistant Registrar To: 1.THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, MADURAI DISTRICT, MADURAI. 2.THE COMMISSIONER, MADURAI MUNICIPAL CORPORATION, ANNA MALAIGAI, MADURAI. 3.THE TAHSILDAR, OFFICE OF THE TAHSIDLAR, MADURAI SOUTH, MADURAI. +1 CC TO M/S.R.ALAGUMANI, ADVOCATE SR.NO.39476. +1 CC TO SPECIAL GOVERNMENT PLEADER, ADVOCATE SR.NO.39775. ORDER IN WP(MD)No.12921 of 2011 DATED:14.11.2011 2P/6C RPB : 18.11.2011 https://hcservices.ecourts.gov.in/hcservices/