Case Note & Summary
The petitioner, S. Issac Newton, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court seeking a writ of mandamus to direct the respondents 1 to 5 (Principal Secretary, Commission of Land Administration; District Collector cum Chairperson, High Level Monitoring Committee, Tuticorin District; Sub Collector, Tiruchendur Taluk; Tahsildar, Tiruchendur Taluk; and Block Development Officer, Paramankurichi village) to remove the encroachment allegedly made by the 6th respondent, A. Dharmalingam, on government land in survey numbers 672/2A1 and 672/1B in Paramankurichi Village, Tiruchendur Taluk, Thoothukudi District. The petitioner had submitted a representation to the official respondents on 07.02.2024 for removal of the alleged encroachment, but it was not considered. The court, by consent of both sides, took up the writ petition for final disposal at the admission stage. The court noted that since it was directing the official respondents to consider the petitioner's representation after giving due opportunity to the private respondent, notice to the private respondent was dispensed with. The court disposed of the writ petition with a direction to the respondents 1 to 5 to consider the petitioner's representation dated 07.02.2024, after affording an opportunity of hearing to the petitioner and the 6th respondent, and pass appropriate orders on merits within a period of eight weeks from the date of receipt of a copy of the order. No costs were awarded.
Headnote
A) Writ Law - Mandamus - Consideration of Representation - Direction to consider representation for removal of encroachment on government land - Petitioner alleged encroachment by private respondent on survey numbers 672/2A1 and 672/1B - Court directed official respondents to consider representation after giving opportunity of hearing to private respondent - Held that writ petition disposed with direction to consider representation within a stipulated time (Paras 2-5).
Issue of Consideration
Whether the respondents should be directed to consider the petitioner's representation regarding removal of encroachment on government land.
Final Decision
Writ petition disposed of with direction to respondents 1 to 5 to consider petitioner's representation dated 07.02.2024, after affording opportunity of hearing to petitioner and 6th respondent, and pass appropriate orders on merits within eight weeks from receipt of copy of order. No costs.
Law Points
- Mandamus
- Representation
- Encroachment
- Government Land
- Opportunity of Hearing
