1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD).No.9344 of 2011 and M.P.(MD)No.1 of 2011 R.Chellamani Iyengar : Petitioner Vs. 1.The District Collector, Sivagangai District, Sivagangai. 2.The Tahsildar, Manamadurai Taluk, Sivagangai District. 3.Kamarajar Narpani Mandram, Rep. by its President, U.Subramanian. 4.Sethu Pillai : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first and second respondents to remove the encroachment made by the fourth respondent in new Survey No.177/7 in Padamathur Road, Thiruppachethi Village, Manamadurai Taluk, Sivagangai District by considering the representation dated 25.07.2011. For Petitioner : Mr.B.Jeyakumar For Respondents 1&2 : Mr.K.Mahendran Special Government Pleader O R D E R [Order of the Court was made BY P.JYOTHIMANI, J] Mr.K.Mahendran, learned Special Government Pleader, takes notice on behalf of the first and second 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, who is the Archagar of Arulmighu Malaimandala Srinivasa Perumal Temple, that the fourth respondent has encroached upon a poramboke land adjacent to the temple comprised in Survey No.177/7, Padamathur Road, Thiruppachethi Village, Manamadurai Taluk, Sivagangai District and the petitioner has made a representation to the second respondent on 25.07.2011. 3. Considering the above said facts and circumstances of the case, without expressing any opinion on the merits of the case, we are of the view that the second respondent should be directed to consider the https://hcservices.ecourts.gov.in/hcservices/ 2 said representation of the petitioner, after giving opportunity to the petitioner as well as to the fourth respondent. 4. Accordingly, the Writ Petition stands disposed of with a direction against the second respondent to consider the representation of the petitioner dated 25.07.2011 and pass appropriate orders on merits and in accordance with law, after giving sufficient opportunity to the petitioner and the fourth respondent. Such order shall be passed by the second respondent, within a period of twelve weeks from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar (Crl.side) /True copy/ Sub Assistant Registrar To 1.The District Collector, Sivagangai District, Sivagangai. 2.The Tahsildar, Manamadurai Taluk, Sivagangai District. Sml SR : 07.09.2011 : 2p/3c Order made in W.P.(MD).No.9344 of 2011 Dated:- 22.08.2011 https://hcservices.ecourts.gov.in/hcservices/