Marichelvam.M v. The Block Development Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 20/02/2025
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY Marichelvam.M ... Petitioner Vs
1. The Block Development Officer, Kallikudi Panchayat Union Office, Kallikudi Town, Madurai District.
2. The Panchayat President, Kurayur Panchayat Office, Kurayur Village, Kallikudi Tk., Madurai District.
3. Sonai
4. Gopal 5.The Tahsildar Kallikudi Taluk Madurai District ... Respondents (5th respondent is suo-motu impleaded vide order dated 20.02.2025) 1/5
PRAYER :-Writ Petition is filed for issuance of a Writ of Mandamus, directing to the 1st and 2nd respondents requesting to stop and remove the encroachment made by the 3rd and 4th respondents on the Government Poromboke Land and public path situated at Kurayur Pirka, Kurayur bit - 2 vilage in Survey No.225/16 based on the petitioners representation dated 19.05.2020 within the time stipulated by this Court. For Petitioner : Mr.G.M.Xavier For Respondents : Mr.P.Thilak Kumar for R1&R2 Government Pleader
ORDER
(Order of the Court was made by J.NISHA BANU, J.) This writ petition has been filed for a direction to the 1st and 2nd respondents requesting to stop and remove the encroachment made by the 3rd and 4th respondents on the Government Poromboke Land and public path situated at Kurayur Pirka, Kurayur bit - 2 vilage in Survey No.225/16 based on the petitioner's representation dated 19.05.2020.
2. By consent of both sides, the writ petition itself is taken up for final disposal.
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3. Since no adverse orders are going to be passed against the respondents 3 and 4, notice to the respondents 3 and 4 is dispensed with.
4. The learned counsel for the petitioner would submit that a representation has been given by the petitioner to the respondents on 19.05.2020 for removing the encroachments made by the respondents 3 and 4. Since the representation has not been considered so far, the petitioner prays for appropriate directions.
5. The learned Government Pleader would state that if there are any encroachments found in the aforesaid survey number, the same will be removed within a stipulated as may be fixed by this Court.
6. Considering the submissions made by the learned Government Pleader for the respondents 1 and 2, the Tahsildar, Kallikudi Union, who has been suo-motu impleaded today, shall consider the representation given by the petitioner dated 19.05.2020 and pass appropriate orders on merits and in accordance with law, after providing an opportunity of 3/5
personal hearing to the petitioner as well as the private respondents. Such exercise shall be completed by the Tahsildar within a period of twelve weeks from the date of receipt of a copy of this order.
7. With the above direction, the writ petition stands disposed of. No costs.
[J.N.B.,J] [S.S.Y.,J] 20.02.2025 NCC : Yes/No Index : Yes/No RR To
1. The Block Development Officer, Kallikudi Panchayat Union Office, Kallikudi Town, Madurai District.
2. The Panchayat President, Kurayur Panchayat Office, Kurayur Village, Kallikudi Tk., Madurai District.
3.The Tahsildar Kallikudi Taluk Madurai District 4/5
J.NISHA BANU, J AND S.SRIMATHY, J.
RR
ORDER
IN WP(MD) No.2065 of 2022 Date : 20/02/2025 5/5