Natarajan.P.K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD P.K.Natarajan ... Petitioner -vs1.The District Collector District Collector Office Dindigul 2.The Sub Collector Office of the Sub Collector Palani 3.The Superintendent of Police Office of the Superintendent of Police Dindigul 4.The Deputy Superintendent of Police Office of Deputy Superintendent of Police Oddanchatram, Dindigul 5.The Tahsildar Tahsildar Office Oddanchatram Dindigul District 6.Manikandan ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the fifth respondent to remove the encroachment made by the sixth respondent in Survey No.769 of Ambillikkai Village, Oddanchatram Taluk, by considering the petitioner's representations, dated 05.08.2021 and 23.10.2021, within a time frame. For Petitioner :

Mr.K.Kathiresan For Respondents :

Mr.S.P.Maharajan Special Government Pleader for R1, R2 & R5 Mr.T.Senthil Kumar Additional Public Prosecutor for R3 & R4 Mr.P.Chellapandian for R6

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] The prayer in this writ petition is for issuance of a writ of mandamus directing the fifth respondent to remove the encroachment made by the sixth respondent in Survey No.769 of Ambillikkai Village, Oddanchatram Taluk, by considering the petitioner's representations, dated 05.08.2021 and 23.10.2021, within a time frame.

2. The fifth respondent has filed a counter affidavit, dated 17.06.2022, wherein, at Paragraph No.5, he has stated as follows:

"5.I respectfully submit the 6th respondents patta land in S.No.767 situated at the Southern boundary of the suit property and the 6th respondent constructed a compound wall on the Patta Land. Further I submit that a portion of the compound wall covered with an extent of 43 Square feet lies in the cart track land in S.No.769."

3. In view of the above, the authority concerned is directed to remove the encroachment in the subject land, as projected by the petitioner, after giving due notice and sufficient opportunity 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.

4. With the above direction, this writ petition is disposed of. No costs.

[R.M.D., J.] [J.S.N.P., J.] 28.10.2022 Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, District Collector Office, Dindigul.

2.The Sub Collector, Office of the Sub Collector, Palani.

3.The Superintendent of Police, Office of the Superintendent of Police, Dindigul.

4.The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Oddanchatram, Dindigul.

5.The Tahsildar, Tahsildar Office, Oddanchatram, Dindigul District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk 28.10.2022