M.Kanimurugan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.1462 of 2024 M.Kanimurugan ... Petitioner Vs.

1.The District Collector, Virudhunagar, Virudhunagar District.

2.The District Revenue Officer, Virudhunagar District, Virudhunagar.

3.The Revenue Divisional Officer, Arupukottai, Virudhunagar District.

4.The Tahsildar, Kariyapatti Taluk, Virudhunagar District.

5.The Regional Deputy Block Development Officer, Kariyapatti Panchayat Union, Virudhunagar District.

6.A.Patchamallai ... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to take steps to remove the encroachment made by the sixth respondent in public street at Survey No.24/10, Koovarkulam Village, Sooranur Panchayat, Kariyapatti Taluk, Virudhunagar District, within the time limit as fixed by this Court.

For Petitioner :

Mr.N.Tamilmani For R-1 to R-5 :

Mr.P.Thilak Kumar, Government Pleader

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] Mr.P.Thilak Kumar, learned Government Pleader takes notice for respondents 1 to 5.

2. The petitioner has filed this writ petition seeking for a direction to the respondents 1 to 5, to take steps to remove the encroachment made by the sixth respondent in public street at Survey No.24/10, Koovarkulam Village, Sooranur Panchayat, Kariyapatti Taluk, Virudhunagar District, within a stipulated time.

3. The learned Government Pleader appearing for the respondents would fairly submit that the fourth respondent will conduct re-survey of the entire property in question and necessary action will be taken for removal of the encroachment by strictly implementing the earlier communication of the fifth respondent, dated 15.05.2023. According to the learned Government Pleader, the petitioner is also an encroacher.

4. In view of the above, this Court directs the respondents 3 and 4, to take action for removal of encroachment after conducting re-survey in the property in question and after giving opportunity to all the parties concerned. Such exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above directions, the writ petition is disposed of. No costs.

[D.K.K., J.] [R.V., J.] 24.01.2024 Index :

Yes / No PM

To:

1.The District Collector, Virudhunagar, Virudhunagar District.

2.The District Revenue Officer, Virudhunagar District, Virudhunagar.

3.The Revenue Divisional Officer, Arupukottai, Virudhunagar District.

4.The Tahsildar, Kariyapatti Taluk, Virudhunagar District.

5.The Regional Deputy Block Development Officer, Kariyapatti Panchayat Union, Virudhunagar District.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

PM W.P.(MD)No.1462 of 2024 24.01.2024