BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03/12/2010 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition(MD).No.14172 of 2010 and M.P.(MD).No.1 of 2010 M.Mariappan ... Petitioner Vs. 1. The District Collector, Karur District, Karur. 2. The Revenue Divisional Officer, Kuzhithalai, Karur District, Karur. 3. The Tahsildar, Kadavur Taluk, Tharagampatti, Karur District. 4. The Block Development Officer, Kadavur Union, Karur District, Karur. 5. Kadavur Panchayat Union, represented by its Commissioner, Kadavur, Karur District. 6. C.Venkatesan ... Respondents Prayer Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents 1 to 5 to ensure that public pathway in S.No.2017/8, D.Edayapatti West Village, Kadavur Union, Kadavur Taluk, Karur District, is kept free of any encroachment. !For Petitioner ... M/s. G.R.Swaminathan ^For R1 to R3 ... Mr.R.Manoharan, Government Advocate For R4 and R5 ... Mr.K.A.Thirumalaiappan, Government Advocate :ORDER
Heard Mr.G.R.Swaminathan, the learned counsel appearing for the petitioner
and Mr.R.Manoharan, the learned Government Advocate appearing for the
respondents 1 to 3 and Mr.K.A.Thirumalaiappan, the learned Government Advocate
appearing for the respondents 4 and 5.
2. By consent of both the parties, the writ petition is taken up for
hearing and disposal.
3. At this stage of the hearing of the writ petition, the learned counsel
appearing on behalf of the petitioner had submitted that it would suffice, if
the first respondent is directed to dispose of the representation of the
petitioner, dated 27.10.2010, on merits and in accordance with law, within a
specified period.
4. The learned Government Advocate appearing on behalf of the respondents,
have no objection for such an order being passed by this Court.
5. In view of the submissions made by the learned counsels appearing on
either side, the first respondent is directed to dispose of the representation
of the petitioner, dated 27.10.2010, after giving an opportunity of hearing to
the petitioner, as well as to the other persons concerned, on merits and in
accordance with law, within a period of twelve weeks from the date of receipt of
a copy of this order. The petitioner is directed to furnish a copy of the
representation, dated 27.10.2010, to the first respondent, along with a copy of
this order. However, it is made clear that this Court, by this order, has not
expressed any opinion on the merits of the matter.
This writ petition is disposed of accordingly. No costs. Consequently, the
connected Miscellaneous Petition is closed.
akv
To
1. The District Collector,
Karur District,
Karur.
2. The Revenue Divisional Officer,
Kuzhithalai,
Karur District,
Karur.
3. The Tahsildar,
Kadavur Taluk,
Tharagampatti,
Karur District.
4. The Block Development Officer,
Kadavur Union,
Karur District,
Karur.
5. Kadavur Panchayat Union,
represented by its
Commissioner,
Kadavur,
Karur District.