M.Sasikumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN and THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ M.Sasikumar

...Petitioner

Vs 1.The District Collector, Coimbatore District, Coimbatore.

2.The Revenue Divisional Officer, Coimbatore South, Coimbatore, Coimbatore District.

3.The Tahsildar, Sulur, Coimbatore.

4.G.Maliga 5.M.Srinivasan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the 1 to 3 respondents to remove

the encroachment made by 4th respondent in the Government land comprised in 151A, 73, 85, 86 situated at Peedampalli Village, Sulur Taluk, Coimbatore District and to provide free flow of water to the pond by considering representation dated 20.09.2017, 15.03.2018, 20.06.2018. For Petitioner : Mr.K.Myilsamy.

For Respondents : Mr.A.Selvendran, Special Government Pleader for R1 to R3.

No appearance for R4.

R.Thirumoorthy for R5.

O R D E R

[Order of the Court was made by R.MAHADEVAN,J.] The prayer made in this Writ Petition is to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made by the 4th respondent in the Government land comprised in 151A, 73, 85, 86 situated at Peedampalli Village, Sulur Taluk, Coimbatore District by considering the representations dated 20.09.2017, 15.03.2018 and 20.06.2018. 2.Heard the learned counsel for the petitioner, learned Special Government Pleader appearing for the respondents 1 to 3 and the learned counsel for the fifth respondent.

3.Considering the limited nature of relief sought for in this Writ Petition, this Court, without going into the merits of the case, directs the respondents 1 to 3 to consider the petitioner's representations dated 20.09.2017, 15.03.2018 and 20.06.2018, if not considered earlier and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to all the parties concerned within a period of eight (8)weeks from the date of receipt of a copy of this order. It is needless to state that if there is any encroachment as alleged by the petitioner, the same shall be removed, after following due process of law. 4.With the above directions, this Writ Petition is disposed of. No costs.

(R.M.D.,J.) (M.S.Q.,J.) 09.02.2023 ay Index:Yes / No Speaking Order / Non-speaking Order

R.MAHADEVAN,J.

and MOHAMMED SHAFFIQ,J.

ay Copy To 1.The District Collector, Coimbatore District, Coimbatore.

2.The Revenue Divisional Officer, Coimbatore South, Coimbatore, Coimbatore District.

3.The Tahsildar, Sulur, Coimbatore.

Dated:09.02.2023