T.Muthurasu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.07.2024 CORAM :

THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ T. Muthurasu Petitioner v The District Collector District Collectorate Ariyalur The Tahsildar Sendurai Ariyalur District Selva Subramaniyan Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 and 2 to remove the encroachment in S.Nos.253/8, 253/9, 253/11, 253/2, 256/1, 258, 258/8, 258/4, 263, 267, 275, 279, 281, 360 and 321 to reach the Mannapathur Great Lake Water Channels by following the judgment reported in 2015 (8) MLJ 1 (FB) and consequently,

direct the second respondent to survey the lands by following the resolution passed in Resolution No.153/2023-2024 by Mannapathur Panchayat dated 26.01.2024.

For petitioner Mr. R. Gokulakrishnan For respondents Mr. Habeeb Rahman Government Advocate

ORDER

(Made by the Hon'ble Acting Chief Justice) This writ petition has been filed seeking a writ of mandamus directing the respondents 1 and 2 to remove the encroachments in S.Nos.253/8, 253/9, 253/11, 253/2, 256/1, 258, 258/8, 258/4, 263, 267, 275, 279, 281, 360 and 321 by following the judgment of this Court in T.K. Shanmugam v The State of Tamil Nadu and others [2015 (8) MLJ 1 (FB)] and consequently, direct the second respondent to survey the lands by following the resolution passed in Resolution No.153/2023-2024 by Mannapathur Panchayat dated 26.01.2024.

Mr. Habeeb Rahman, learned Government Advocate, accepts notice for the respondents.

It is seen that with regard to the prayer in this writ petition, the petitioner has addressed a representation dated 05.03.2024 to the first respondent which is still under consideration. Further, a resolution has already been passed on 26.01.2024 by the Manappathur Village Panchayat for surveying and fixing the boundaries for the lands in question.

In such view of the matter, without going into the merits of the case, this Court directs the first respondent to consider and pass orders on the petitioner's representation dated 05.03.2024 on merits and in accordance with law, of course, after hearing all the parties concerned, within a period of eight weeks from the date of receipt of a copy of this order.

THE HON'BLE ACTING CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.

cad With the above direction, this writ petition stands disposed of. No costs.

(R.M.D., A.C.J.) (M.S.Q., J.) 04.07.2024 Index : Yes/No NC : Yes/No cad To The District Collector District Collectorate Ariyalur The Tahsildar Sendurai Ariyalur District