Madras High CourtWP/34077/2019disposed of

R.Periyasamy v. The District Collector

2019-12-09Honourable Mr Justice R.Subbiah,Honourable Mr Justice R. Pongiappan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Writ Petition No.34077 of 2019 R.Periyasamy S/o.Ramasamy ... Petitioner Vs 1.The District Collector, Collectorate, 2.The District Revenue Officer, Collectorate, Salem District.

3.The Revenue Divisional Officer, Attur Taluk & Post, 4.G.Thangaraj S/o.Ganapathi ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the third respondent herein to consider the petitioner's representation dated 29.07.2019 and comply with the order of this Court dated 15.04.2019 passed in W.P.No.4488 of 2019 and to remove the encroachment made by fourth respondent herein, which is situated in S.No.573/2 & 573/5, Paithur (North) Village, Attur Taluk, Salem District, within a time frame.

For Petitioner :

Mr.A.Rajakumar For Respondents:

Mr.V.Shanmugasundar Special Government Pleader [R1 to R3]

O R D E R

[Order of this Court was made by R.SUBBIAH, J] Petitioner has filed this Writ Petition seeking issuance of a Writ of Mandamus directing third respondent to consider the petitioner's representation dated 29.07.2019 and comply with the order of this Court dated 15.04.2019 passed in W.P.No.4488 of 2019 and to remove the encroachment made by fourth respondent herein, which is situated at S.No.573/2 & 573/5, Paithur (North) Village, Attur Taluk, Salem District, within a time frame.

2. Heard learned counsel for petitioner and learned Special Government Pleader appearing for respondents 1 to 3.

3. Though very many contentions have been raised in this Writ Petition with regard to encroachment made by fourth respondent, when the matter is taken up for consideration, learned Special Government Pleader submits that already Section 7 notice under the Land Encroachment Act has been issued to the fourth respondent and they have initiated action to remove the encroachment.

4. In the aforestated circumstance, notice to fourth respondent is not required.

5. Considering the submissions made, this Court directs respondents 1 to 3 to expedite the process initiated by them to remove encroachment and complete the same within a period of six weeks from the date of receipt of this order. Accordingly, the Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.The District Collector, Collectorate,

2.The District Revenue Officer, Collectorate, Salem District.

3.The Revenue Divisional Officer, Attur Taluk & Post, +1cc to the Government Pleader Sr.103158 Writ Petition No.34077 of 2019 pvs[co] srg 13/02/2020