K.Muniyan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 14.02.2020
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN W.P. No.10436 of 2019 K.Muniyan .. Petitioner v.
1.The District Collector, Villupuram District.
2.The District Revenue Officer, Kallakurichi Taluk, Villupuram District.
3.The Tahsildar, Sangarapuram, Villupuram District.
4.The Block Development Officer, Kallakurichi, Villupuram District.
5.Annamalai .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents to consider the petitioner's representation dated 17.02.2019 and consequently remove the encroachments made by the 5th respondent on the public lane bearing Survey No.214/13 Ranganathapuram Village, Kallakurichi Taluk, Villupuram District. For petitioner : Mr.S.N.Subramani For respondents: Mr.V.Shanmuga Sundar, Special Government Pleader for R1 to R3 Mr.V.Jayaprakash Narayanan for R4 1/3
ORDER
(Order of this Court was made by R.SUBBIAH,J.) The writ petition has been filed for mandamus directing respondents 1 to 4 to consider the petitioner's representation dated 17.02.2019 and to remove the encroachments made by the 5th respondent on the public lane bearing Survey No.214/13 Ranganathapuram Village, Kallakurichi Taluk, Villupuram District.
2.Though very many contentions have been raised in this writ petition, ultimately the prayer of the petitioner is to consider his representation dated 17.02.2019. 3.Heard the learned counsel appearing for the petitioner, the learned Special Government Pleader appearing for R1 to R3 and the learned counsel appearing for R4.
4.Since the scope of the writ petition is in the narrow compass, we are not traversed to the averments made in the affidavit. In view of the submission made by either side, this Court hereby directs the third respondent to conduct an enquiry, by affording an opportunity of personal hearing to the petitioner as well as to the fifth respondent. After enquiry, if the third respondent comes to the conclusion that there is an encroachment in the above land, he is further directed to remove the same in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order. 5.It is made clear that this Court has not expressed anything on merits or demerits of the claim made by both sides. 6.With the above direction, the writ petition stands disposed of. No costs.
Sd/- Assistant Registrar(CCC) /True Copy/ Sub Assistant Registrar 2/3
To 1.The District Collector, Villupuram District.
2.The District Revenue Officer, Kallakurichi Taluk, Villupuram District.
3.The Tahsildar, Sangarapuram, Villupuram District.
4.The Block Development Officer, Kallakurichi, Villupuram District.
+1 cc to M/s.V.Jayaprakash Narayanan,Advocate Sr.No. 12283 +1 cc to M/s.S.N.Subramani,Advocate Sr.No. 12367 AKM/20.03.2020/3P-7C / W.P. No.10436 of 2019 3/3