Ashokumar.P v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR P.Ashokumar ... Petitioner vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Palani, Dindigul District.

3.The Executive Officer, Neikkarapatti Town Panchayat, Palani Taluk, Dindigul District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to remove the encroachments made in Re-Survey No.36-1/110 situated at Periyakalayamputhur Village, Neikkarapatti Town Panchayat, Palani Taluk, Dindigul District based on the representation of the petitioner, dated 04.01.2023.

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For Petitioner : Mr.A.Vadivel For RR 1 & 2 : 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 to remove the encroachments made in Re-Survey No.36-1/110 situated at Periyakalayamputhur Village, Neikkarapatti Town Panchayat, Palani Taluk, Dindigul District based on the representation of the petitioner, dated 04.01.2023.

2. According to the petitioner, he made a representation, dated 04.01.2023 to the respondents seeking for removal of the encroachment in the aforesaid survey number. 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, on instructions, submitted that the representation of the petitioner, dated 04.01.2023 would be considered and appropriate action will be taken in accordance with law.

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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 04.01.2023 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, the authority concerned 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 weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs.

[D.K.K.,J.] [R.V.,J.] Index : Yes / No 27.01.2023 Internet : Yes ps 3/5

To 1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Palani, Dindigul District.

3.The Executive Officer, Neikkarapatti Town Panchayat, Palani Taluk, Dindigul District.

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D.KRISHNAKUMAR ,J.

and R.VIJAYAKUMAR,J.

ps ORDER MADE IN DATED : 27.01.2023 5/5