1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:05.09.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)No.9958 of 2011 and M.P(MD)No.1 of 2011 A.Thavamani .. Petitioner Vs. 1.The District Collector, Theni District. 2.P.Ravikumar, Commissioner, Periyakulam Panchayat Union, Periakulam, Theni District. 3.Soundararajan, President, Saruthupatti Panchayat, Saruthupatti, Periakulam Taluk, Theni District. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the respondent Nos.2 and 3 from interfering with the petitioner's peaceful possession and enjoyment of the property in an extent of 5 cents situated in Survey No.2643, Thamaraikulam Village, Periyakulam Taluk, Theni District and further directing the first respondent to take appropriate action against the respondents 2 and 3 for their abuse of power and misuse of process of law, upon the representation of the petitioner dated 27.06.2011 within a stipulated time. For Petitioner : Mr.J.Lawrance For R-1 : Mr.R.Anandha Raj, Govt. Advocate For R-2 and R-3 : Notice is dispensed with O R D E R This Writ Petition has been filed to forbear the respondent Nos.2 and 3 from interfering with the petitioner's peaceful possession and enjoyment of the property to an extent of 5 cents https://hcservices.ecourts.gov.in/hcservices/ 2 situated in Survey No.2643, Thamaraikulam Village, Periyakulam Taluk, Theni District and to direct the first respondent to take appropriate action against the respondents 2 and 3 for their abuse of power and misuse of process of law based the representation of the petitioner, dated 27.06.2011, within a stipulated time. 2. Heard Mr.J.Lawrance, learned counsel for the petitioner and Mr.R.Anandha Raj, learned Government Advocate, who takes notice for R-1. 3. In view of the order that is to be passed, notice is dispensed with for R-2 and R-3. 4. By consent, the Writ Petition itself is taken up for final hearing. 5. The petitioner's grievance is against the respondent Nos.2 and 3 and the petitioner has made a representation to the District Collector on 27.06.2011. The petitioners seeks direction to the District Collector to consider his representation, on merits and in accordance with law. 6. Considering the limited scope of the relief sought for in this petition, without going into the merits of the petitioner's claim, the first respondent-District Collector is directed to consider the petitioner's representation, dated 27.06.2011, on its own merits and in accordance with law, as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. Further, the District Collector shall hear the second and third respondents, if any adverse action is likely to be taken against the said persons so as to avoid the allegations of violation of principles of natural justice. It is made clear that this Court has not expressed any opinion on the merits of the petitioner's claim. 7. With the above direction, this Writ Petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Theni District. 2.The Commissioner, Periyakulam Panchayat Union, Periakulam,Theni District. 3.The President, Saruthupatti Panchayat,Saruthupatti, Periakulam Taluk,Theni District. Pm ssk/19.09.2011 /4c -2p/- W.P.(MD)No.9958 of 2011 and M.P(MD)No.1 of 2011 05.09.2011 https://hcservices.ecourts.gov.in/hcservices/