Subramanian.S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)No.711 of 2023 S.Subramanian ... Petitioner vs.

1.The District Collector, Office of the Collector, 2.The Divisional Engineer, Highways Department, Construction and Maintenance, Alagarkovi Road, 3.The Assistant Divisional Engineer, Highways Department, Construction and Maintenance, 4.The Revenue Divisional Officer, Office of the Revenue Divisional, 1/5

5.The Tahsildar, Taluk Office, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of the third respondent's impugned letter in Ka.No.6/2022/U, dated 29.12.2022 and quash the same as devoid of merits and consequently not to remove the petitioner's house property under the guise of encroachment situated in Door No.4/176, in Old No.22/4A in new Survey No.541/38 to an extent of 44 ares, Mullipallam Village, Solavandan, Vadipatti Taluk, Madurai by considering the petitioner's representation, dated 26.12.2022. For Petitioner : Mr.S.Atham Ali For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) Challenging the impugned letter in Ka.No.6/2022/U, dated 29.12.2022 issued by the third respondent, the petitioner has filed the present Writ Petition with a consequential direction not to remove the petitioner's house property under the guise of encroachment situated in Door No.4/176, in Old No.22/4A in new Survey No.541/38 to an extent of 2/5

44 ares, Mullipallam Village, Solavandan, Vadipatti Taluk, Madurai by considering the petitioner's representation, dated 26.12.2022. 2.Today, when the matter is taken up for hearing, the learned Special Government Pleader appearing for the respondents submitted that though the aforesaid communication is an internal correspondence between the Assistant Divisional Engineer, Vadipatti and the Divisional Engineer, Madurai, the petitioner has filed this Writ Petition with an apprehension. Till date, no action has been taken by the respondents for removal of the encroachment. If any encroachment is made, the authority concerned will initiate action by following due process of law. 3.Recording the aforesaid submission of the learned Special Government Pleader, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. [D.K.K.,J.] [R.V.,J.] 11.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes 3/5

To 1.The District Collector, Office of the Collector, 2.The Divisional Engineer, Highways Department, Construction and Maintenance, Alagarkovi Road, 3.The Assistant Divisional Engineer, Highways Department, Construction and Maintenance, 4.The Revenue Divisional Officer, Office of the Revenue Divisional, 5.The Tahsildar, Taluk Office, 4/5

D.KRISHNAKUMAR ,J.

and R.VIJAYAKUMAR,J.

ps ORDER MADE IN DATED : 11.01.2023 5/5