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.12672 of 2011 Anbarasu, S/o.Velu :Petitioner -Vs- 1.The District Collector, Sivagangai District. 2.The Revenue Divisional Officer, Devakottai, Sivagangai District. 3.The Tahsildar, Devakottai Taluk, Devakottai, Sivagangai District. 4.The Inspector of Police, Thiruvegambathur Police Station, Thiruvegambathur, Sivagangai District. 5.Kannan, S/o.Kalimuthan 6.Karuppan, S/o.Udayan :Respondents Writ Petition under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 1st to 4th respondents to remove the encroachments made by respondents 5 and 6 in public pathway in Survey No.203/31, Ponnalikottai village, Devakottai Taluk, by considering the representation of the petitioner, dated 23.9.2011. For Petitioner : Mr.T.A.Ebenezer For Respondents: Mr.R.Anandharaj 1 to 4 Government Advocate. ORDER [Order of the Court was made K.N.BASHA, J] Mr.R.Anandharaj, learned Government Advocate, takes notice for respondents 1 to 4. In view of the limited prayer made in this writ petition, we are of the view that no prejudice would be caused to respondents 5 and 6 in the event of not ordering notice to them, as we are going to direct the official respondents to consider the representation of the petitioner, after affording an opportunity to both sides. 2.The petitioner has come forward with this writ petition seeking for a direction to respondents 1 to 4 to remove the encroachments made by respondents 5 and 6 in public pathway in Survey No.203/31, Ponnalikottai village, Devakottai Taluk, by considering his representation, dated 23.9.2011. https://hcservices.ecourts.gov.in/hcservices/ 2 3.Learned counsel for the petitioner would submit that inspite of the representation given by the petitioner on 23.09.2011, the respondents 1 to 4 have not initiated any action against respondents, as they are encroachers in public pathway and they have not removed the encroachments and as such the petitioner has been constrained to approach this Court with the present writ petition with the aforesaid prayer. 4.Heard the learned Government Advocate on the submissions made by the learned counsel for the petitioner. 5.In view of the limited prayer made by the petitioner, this Court, without going into the merits of the representation of the petitioner and without expressing any view on such representation, is constrained to direct the 3rd respondent to consider the representation of the petitioner, dated 23.09.2011, by affording an opportunity to the petitioner as well as to respondents 5 and 6 and 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, dated 23.09.2011, to the 3rd respondent, along with a copy of this Order, within a week from the date of receipt of order copy. 6.With the above direction, the writ petition stands disposed of. No costs. Sd/- Assistant Registrar (AS) / TRUE COPY / Sub Assistant Registrar To: 1.The District Collector, Sivagangai District. 2.The Revenue Divisional Officer, Devakottai, Sivagangai District. 3.The Tahsildar, Devakottai Taluk, Devakottai, Sivagangai District. 4.The Inspector of Police, Thiruvegambathur Police Station, Thiruvegambathur, Sivagangai District. +1CC to Mr.T.A.Ebenezer, Advocate. SR.No.38688. +1CC to The Special Government Pleader. SR.No.38655. Gb Order in W.P.(MD)No.12672/2011 RP/16.11.2011/2P/7C. Dated:09.11.2011 https://hcservices.ecourts.gov.in/hcservices/