Madras High CourtWP/9795/2017disposed of

C.Munusamy v. The District Collector

2017-04-21Honourable The Chief Justice,Honourable Mr Justice M. Sundar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.04.2017

CORAM

THE HON'BLE MS. INDIRA BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.9795 of 2017 C.Munusamy .. Petitioner Vs.

1 The District Collector Dharmapuri District.

2 The Tahsildar Palacode Taluk Dharmapuri.

3 Chinnapaiyan 4 Sakthivel .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 1 and 2 to consider the representation dated 08.02.2017 and evict respondents 3 and 4 from S.No.16/2 to an extent of 3.20 hectares at Periyanur Village and thereby restore the said land for the purpose of common pathway, house and graveyard within a stipulated time. For Petitioner : Mr.V.Vasanthakumar For Respondents : Mr.M.K.Subramanian Government Pleader for respondents 1 & 2

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This writ petition has been filed by the petitioner seeking a writ of mandamus directing respondents 1 and 2 to consider and pass suitable orders on petitioner's representation dated 08.02.2017.

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2. Mr.M.K.Subramanian, learned Government Pleader accepts notice for respondents 1 and 2.

3. The third and fourth respondents are private respondents, who are alleged to have encroached upon S.No.16/2 measuring an extent of 3.20 hectares situated at Periyanur Village, Dharmapuri District, which was allotted for public purpose.

4. The office of the second respondent shall cause an inspection of the site in question i.e., Survey No.16/2 situated at Periyanur Village, Dharmapuri District, to be made within a fortnight from the date of receipt of copy of this order and if any encroachment is found, respondent Nos.1 and 2 shall take action in accordance with law, after giving notice to all concerned, particularly respondents 3 and 4 before us, and conclude the proceedings within a period of two months thereafter.

5. The writ petition, accordingly, stands disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bbr/sasi To:

1 The District Collector, Dharmapuri District.

2 The Tahsildar, Palacode Taluk, Dharmapuri.

+1cc to Mr.V. Vasanthakumar, Advocate, S.R.No.24218 +1cc to the Government Pleader, S.R.No.24461 sai(CO) md(27/04/2017) W.P.No.9795 of 2017 https://hcservices.ecourts.gov.in/hcservices/