1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA and THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD) No.13743 of 2011 S.Ebinizer @ Aaroran ... Petitioner Vs. 1.The District Collector, Madurai District. 2.The Revenue Divisional Officer, Usilampatti. ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus, directing the respondents to consider petitioner's representation, dated 28.10.2011, within a time frame fixed by this Court. For petitioner .. Mr.J.Parekh Kumar For respondents 1 & 2 .. Mr.K.Mahendran, Special Government Pleader ORDER (Order of the Court was made by K.N.BASHA, J.) Mr.K.Mahendran, learned Special Government Pleader takes notice for the respondents. 2.By mutual consent of the learned counsel appearing for the parties, the writ petition itself is taken up for final disposal, at the stage of admission itself. 3.The petitioner has come forward with this petition, seeking for the relief of direction to the respondents to consider the representation of the petitioner, dated 28.10.2011, within a stipulated time. 4.The learned counsel for the petitioner would submit that one D.Pandian and his family members viz., David Jawahar, his wife Shanthi and their son Rajkumar, have encroached the Government promboke land situated in Survey Nos.288, 289 & 290 of Uthappanaickanoor Village, Usilampatti Taluk, Madurai District. It is contended by the learned counsel for the petitioner that in order to remove such encroachment, the petitioner has preferred representations, dated 10.10.2011 and 28.10.2011 and inspite of the same, no action has been taken by the respondents and as such, the petitioner has been constrained to approach this Court with the present writ petition with the aforesaid prayer. 5.Heard the learned Special Government Pleader appearing for the respondents, on the submission made by the learned counsel for the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 2 6.We have given our careful and anxious consideration to the rival contentions put forward by either side and also perused the materials available on record. 7.The fact remains that the petitioner has come forward with the limited prayer, as stated above, but unfortunately the petitioner has not impleaded the alleged encroachers, mentioned in para 2 of the affidavit in the writ petition. However, considering the limited prayer, this Court, without going into the merits of the representation of the petitioner, dated 28.10.2011 and without expressing any view in respect of such representation, constrained to direct the first and second respondents to consider the representation of the petitioner, dated 28.10.2011, by affording opportunity to the petitioner as well as by affording opportunity to the alleged encroachers viz., D.Pandian and his family members viz., David Jawahar, his wife Shanthi and their son Rajkumar, and other relevant parties, by sending notice and giving them opportunity to put forth their case and thereafter, dispose of the same, on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order. The petitioner shall also furnish a fresh copy of the representation, dated 28.10.2011, to the first and second respondents along with the order copy of this Court within a period of ten days from the date of receipt of a copy of this order. 8.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (Records) /True copy/ Sub Assistant Registrar To 1.The District Collector, Madurai District. 2.The Revenue Divisional Officer, Usilampatti. +1CC TO MR.J.PARATHKUMAR, ADVOCATE SR.42482 +1CC TO THE SPECIAL GOVERNMENT PLEADER, SR.42519 Gcg SR : 13.12.2011 : 2p/ 5c Order in W.P.(MD)No.13743 of 2011 01.12.2011 https://hcservices.ecourts.gov.in/hcservices/