AI Structured Summary
Not yet generated for this judgment
Judgment
(Order of the Court was made by M.DHANDAPANI, J.)
The writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to forthwith implement and give effect to the official communication bearing Na.Ka.No.346/ 2026/ ua1 dated 24.08.2026 issued by the third respondent and in pursuance thereof, to take immediate and appropriate action for removal of the encroachment made by the fifth respondent over the public pathway/road and public drainage channel in Survey No.116/59 of Chengulam Village, Peraiyur Taluk, Madurai District and to restore the said portion to its original condition and public use.
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 4 and 5 is dispensed with.
Alleging that the construction put up by the fifth respondent extends into and obstructs a portion of the public pathway/road and the public drainage channel, the petitioner submitted a representation dated 27.07.2026 to the third respondent, seeking inspection of the subject property and removal of the alleged encroachment. Though the third respondent issued proceedings dated 24.08.2026 directing removal of the alleged encroachment, no effective steps have been taken by the respondents. Hence, 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 official respondents to consider the petitioner's representation dated 29.07.2026 and pass appropriate orders thereon, on merits and in accordance with law, within a time frame to be fixed by this Court.
The learned Standing Counsel appearing for the first respondent, on instructions, would submit that the respondents 1 to 3 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 petitioner's representation dated 29.07.2026 and pass appropriate orders on merits and in accordance with law, after issuing notice to all necessary parties including the fifth respondent and affording them an opportunity of hearing. 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.
