1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA and THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD) No.12773 of 2011 C.Thangabai ... Petitioner Vs. 1.The District Collector, Kanyakumari District, Nagercoil - 629 001. 2.The Revenue Divisional Officer, Padmanabapuram, Thuckalay, Kanyakumari District. 3.The Executive Engineer, Public Works Department (WRO), Nagercoil, Kanyakumari District. 4.The Assistant Executive Engineer, Public Works Department (WRO), Cheruppaloor-629161, Kanyakumari District. 5.The Assistant Executive Engineer, Public Works Department (WRO), Pattinam Kalvai, Kuzhithurai, Kanyakumari District. 6.Sumathi ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, to direct the respondents 1 to 5 to take appropriate action in removing the encroachment made by the 6th respondent in Re.Sy.No.158/6 for an extent of 3 cents in Meycode Village, Kalkulam Taluk, Kanyakumari District by considering the petitioner's representation dated 12.09.2011. For petitioner .. Mr.M.Dennis Joe For respondents 1 to 5 .. Mr.R.Anandharaj, Government Advocate https://hcservices.ecourts.gov.in/hcservices/ 2 ORDER (Order of the Court was made by K.N.BASHA, J.) The petitioner has come forward with this petition seeking for the relief of a direction to the respondents 1 to 5 to take appropriate action in removing the encroachment made by the 6th respondent in R.S.No.158/6 for an extent of 3 cents in Meycode Village, Kalkulam Taluk, Kanyakumari District by considering his representation dated 12.09.2011. 2.Mr.R.Anandharaj, learned Government Advocate takes notice for the respondents 1 to 5. In view of the limited prayer made in this writ petition, we are of the view that the interest of the sixth respondent would be protected by the order to be passed by this Court and as such notice need not be ordered to the sixth respondent. 3.By mutual consent of the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents 1 to 5, the main writ petition itself is taken up for final hearing, at the admission stage itself. 4.The learned counsel appearing for the petitioner would submit that the sixth respondent has encroached Government land and inspite of the representation given by the petitioner, dated 12.09.2011, no action has been taken by the respondents 1 to 5 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 Government Advocate appearing for the respondents, on the submission made by the learned counsel for the petitioner. 6.We have carefully considered the submissions made on either side and also perused the materials available on record. 7.It is seen that the petitioner has already preferred a representation, dated 12.09.2011, alleging encroachment by the sixth respondent herein. But the grievance of the petitioner is that no action has been taken by the respondents 1 to 5 till date on his representation dated 12.09.2011. In view of the same, without going into the merits of the representation of the petitioner dated 12.09.2011 and without expressing any view in respect of such representation, we are constrained to direct the second respondent to consider the representation of the petitioner, dated 12.09.2011, by affording opportunity to the petitioner as well as to the sixth respondent and other relevant parties and thereafter, to pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that the petitioner shall furnish a fresh copy of the representation, dated 12.09.2011, to the second respondent along with the order copy https://hcservices.ecourts.gov.in/hcservices/ 3 of this Court within a period of ten days from the date of receipt of a copy of this order. 6.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Kanyakumari District, Nagercoil - 629 001. 2.The Revenue Divisional Officer, Padmanabapuram, Thuckalay, Kanyakumari District. 3.The Executive Engineer, Public Works Department (WRO), Nagercoil, Kanyakumari District. 4.The Assistant Executive Engineer, Public Works Department (WRO), Cheruppaloor-629161, Kanyakumari District. 5.The Assistant Executive Engineer, Public Works Department (WRO), Pattinam Kalvai, Kuzhithurai, Kanyakumari District. +1cc to Mr.M.Dennis Joe, Advocate, Sr.No.38917 +one cc to Special Government Pleader Sr.No.39092 gcg SMA/17.11.2011/8C/3P Order in W.P.(MD)No.12773 of 2011 10.11.2011 https://hcservices.ecourts.gov.in/hcservices/