Mathiyalagan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Mathiyalagan ... Petitioner vs.
1.The District Collector, Pudukkottai District, Pudukkottai.
2.The Tahsildar, Alangudi Taluk, Pudukkottai District.
3.The Block Development Officer (Village Panchayat), Thiruvarankulam Panchayat Union, Alangudi Taluk, Pudukkottai District.
4.Siddar 5.Guanasekaran 6.Rengadurai 7.Nagan 8.Nadarajan 9.Govindasamy 10.Manickam 11.Chellakannu 12.Perumal 13.Kulanthaivel 1/7
14.Muniyan 15.Balasubramanian 16.Selvarasu 17.Anandhan 18.Nadarajan 19.Ravichandran 20.Gunasekaran 21.Siddar 22.Dhanuskodi 23.Mathiyalagan 24.Govindan 25.Krishnan 26.Dhanuskodi 27.Ivaran 28.Durairaj 29.Ramukannu 30.Shanthi 31.Reneswari 32.Meyyappan 33.Duraisamy 34.Murugesan 35.Ramamoorthi 36.Thatchinamoorthi 37.Pannerselvam 38.Mariappan 39.Selvaraj 40.Karuppaiah 41.Ganesan 42.Rengasamy 43.Narayanan 44.Ramamoorthi 45.Appadurai 46.Subramanian 47.Annadurai 48.Rengadurai 49.Subramanian 50.Selvarasu 51.Gunasekaran 52.Siddar 2/7
53.Ravichandran 54.Thirupathi 55.Vellaisamy 56.Muthuvel 57.Mari 58.Arami 59.Ganapathi 60.Paramasivam 61.Ramamoorthi 62.Narayanan 63.Arangan 64.Manickam 65.Mariappan 66.Ganesan 67.Arungulavan 68.Ganesan 69.Annasamy 70.Arulselvam 71.Manickam 72.Govindasamy 73.Seethai 74.Selvaraj ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made by the respondents 4 to 74 in Survey Nos.33/33, 90/90, 129/29, 168/11, 251/251, 258/2, 276/276, 289/289, 345/2, 47/2, 184/24, 441/6, 444/4, 433/7 and 109/2 at Pallathividuthi Village, Alangudi Taluk, Pudukkottai District, based on the petitioner's representation, dated 05.12.2022.
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For Petitioner : Mr.D.Rameshkumar For RR 1 to 3 : Mr.P.Thilak Kumar Government Pleader
ORDER
(Order of the Court was made by D. KRISHNAKUMAR, J.) The prayer in this Writ Petition is seeking for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made by the respondents 4 to 74 in Survey Nos.33/33, 90/90, 129/29, 168/11, 251/251, 258/2, 276/276, 289/289, 345/2, 47/2, 184/24, 441/6, 444/4, 433/7 and 109/2 at Pallathividuthi Village, Alangudi Taluk, Pudukkottai District, based on the petitioner's representation, dated 05.12.2022.
2. According to the petitioner, he is a resident of Pallathividuthi Village and there are lot of encroachments made by the respondents 4 to 74 in Village Pond, water channels, roads, Temple lands, water bodies and other Government lands. Hence, the petitioner made a representation, 4/7
dated 05.12.2022 to the respondents 1 to 3 to remove the encroachments made in the abovesaid survey numbers. Since the same has not been considered so far, the petitioner has filed the present Writ Petition. 3.
The learned Government Pleader appearing for the respondents 1 to 3, on instructions, submitted that the representation of the petitioner, dated 05.12.2022 would be considered and appropriate action will be taken in accordance with law.
4. In view of the abovesaid submission, without going into the merits of the claim made by the petitioner, the authorities concerned are directed to consider the representation of the petitioner, dated 05.12.2022 and pass appropriate orders, on merits and in accordance with law. If there is any encroachment as claimed by the petitioner, after issuing notice to all other parties including the respondents 4 to 74, the respondents 2 and 3 shall take necessary action for removal of the encroachment, after affording sufficient opportunity of personal hearing to all the parties concerned and by following due process of law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.
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5. With the above direction, this Writ Petition is disposed of. No costs. [D.K.K.,J.] [R.V.,J.] Index : Yes / No 05.01.2023 Internet : Yes ps To 1.The District Collector, Pudukkottai District, Pudukkottai.
2.The Tahsildar, Alangudi Taluk, Pudukkottai District.
3.The Block Development Officer (Village Panchayat), Thiruvarankulam Panchayat Union, Alangudi Taluk, Pudukkottai District.
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D.KRISHNAKUMAR ,J.
and R.VIJAYAKUMAR,J.
ps ORDER MADE IN DATED : 05.01.2023 7/7