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Judgment
(Order of the Court was made by M.DHANDAPANI, J.)
This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 2 to 4 to implement the order passed by the first respondent in Na.Ka.G4/18546/2022 dated 19.12.2022 by conducting a survey and removing the encroachments made by the Respondents 5 and 6 in S.No.1181/15 (public pathway) to the extent of 0.0070 sq. mtr. situated at Rajapatti Village, Alangulam Revenue Firka, Vembakottai Taluk, Virudhunagar District.
Heard the learned counsel for the parties and perused the materials available on record.
By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself. Since no adverse order is going to be passed, notice to the respondents 5 and 6 is dispensed with.
Alleging that the respondents 5 and 6 have unlawfully encroached upon the pathway granted by the first respondent by his proceedings dated 19.12.2022, the petitioner would submit that, till date, the said pathway has not been opened for use by the public at large. In this regard, the petitioner submitted multiple representations to the official respondents, seeking inspection of the subject property and removal of the alleged encroachment. Since no effective action has been taken on the said representations, the present writ petition has been filed.
The learned counsel appearing for the petitioner would submit that it would suffice if this Court issues a direction to the first respondent to act in terms of his proceedings dated 19.12.2022 and pass appropriate orders thereon, on merits and in accordance with law, within a time frame to be fixed by this Court.
The learned Special Government Pleader appearing for the respondents 1 to 3, on instructions, would submit that the official respondents will consider the petitioner's grievance and pass appropriate orders on merits and in accordance with law.
Considering the above facts and circumstances of the case and without expressing any opinion on the merits of the matter, this writ petition is disposed of with a direction to the respondents 1 to 3 to consider the grievance of the petitioner and survey the subject land in the presence of the petitioner, respondents 5 and 6 and all other necessary parties, in accordance with law, after issuing notice to all necessary parties and affording them an opportunity of hearing and pass appropriate orders on merits and in accordance with law. The entire exercise shall be completed as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. No costs.