Kanagaraj, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.07.2024 CORAM :
THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ Kanagaraj .. Petitioner vs 1.The District Collector, O/o District Collector, Tiruppur District.
2.The Revenue Divisional Officer, O/o Revenue Divisional Officer, Tiruppur North Division, TiruppurDistrict.
3.The Thasildhar, O/o Tiruppur North Thasildhar, Tiruppur District.
4.Sivasubramani .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents 1 to 3 to remove encroachment in Survey No.159/1, 159/2, Puluvapatti,
Neruporichal Village, Tiruppur North Taluk, Tiruppur District as per the proceedings Vide No.Na.Ka.2627/2018/A3 dated 21.2.2019 by the third respondent.
For the Petitioner : Mr.P.Muthamizh Selvakumar For the Respondents : Mr.Karthik Jagannath Government Advocate for respondents 1 to 3
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) This writ petition has been filed by the petitioner for issuance of a writ of mandamus directing respondents 1 to 3 to remove the encroachments made in Survey Nos.159/1 and 159/2, Puluvapatti Neruporichal Village, Tiruppur North Taluk, Tiruppur District.
2. Learned counsel for the petitioner submitted that earlier the Tahsildar, Tiruppur (North) directed the Zonal Deputy Tahsildar, Tiruppur North; the Revenue Inspector, Tiruppur North and the Village Administrative Officer, Tiruppur North to remove the
encroachments made in Survey No.159/2 with the help of police personnel. Since the said authorities have not taken any action to remove the encroachment, the petitioner has submitted a representation to the District Collector on 4.4.2024. As the said representation did not evoke any response, the petitioner has filed the present writ petition.
3. Mr.Karthik Jagannath, learned Government Advocate, who accepts notice on behalf of respondents 1 to 3, on instructions, submitted that the first respondent shall pass orders on the representation of the petitioner dated 4.4.2024 on merits and in accordance with law, after affording opportunity to all concerned.
3. Recording the submission made by learned Government Advocate and without expressing any opinion on the merits of the matter, the writ petition is disposed of by directing the first respondent to consider the representation of the petitioner dated 4.4.2024 and pass orders on merits and in accordance with law, of course after affording reasonable opportunity to all the interested
parties, including the fourth respondent, within a period of eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
(R.M.D., ACJ.) (M.S.Q., J.) 03.07.2024 Index :
Yes/No NC :
Yes/No bbr To:
1.The District Collector, O/o District Collector, Tiruppur District.
2.The Revenue Divisional Officer, O/o Revenue Divisional Officer, Tiruppur North Division, TiruppurDistrict.
3.The Thasildhar, O/o Tiruppur North Thasildhar, Tiruppur District.
THE HON'BLE ACTING CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.
bbr 03.07.2024