Sagaya Soosairaj.A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD A.Sagaya Soosairaj ... Petitioner -vs1.The District Collector Trichy District, Trichy 2.The Revenue Divisional Officer Lalgudi, Trichy District 3.The Tahsildar Lalgudi Taluk Trichy District 4.Nagaraj 5.Ganesan 6.Albert 7.Anthonysamy ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 3 to remove the encroachment made by the respondents 4 to 7 in Survey No.527/10, situated at Viragalur Village, Lalgudi Taluk, Trichy District, by considering the petitioner's representation dated 05.01.2021. For Petitioner :

Mr.T.Lenin Kumar For Respondents :

Mr.G.V.Vairam Santhosh Additional Government Pleader for R1 to R3 Mr.B.Sekar for R4 & R5

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 respondents 1 to 3 to remove the encroachment made by the respondents 4 to 7 in Survey No.527/10 of Viragalur Village, Lalgudi Taluk, Trichy District, by considering the petitioner's representation dated 05.01.2021.

2. The grievance of the petitioner is that though he made a representation to the respondents 1 to 3 as early as on 05.01.2021 seeking removal of the encroachment made by the respondents 4 to 7 in the aforesaid survey number, till date the same has not been considered.

3. The learned Additional Government Advocate appearing for the respondents 1 to 3, on instructions, submitted that the petitioner's representation dated 05.01.2021 would be considered and appropriate action would be taken in accordance with law.

4. In view of the above, without going into the merits of the claim made by the petitioner, the respondents 1 to 3 are directed to consider the petitioner's representation dated 05.01.2021 and pass appropriate orders, if not already disposed of, on merits and in accordance with law. If there is any encroachment as pointed out by the petitioner, the same shall be removed, after giving due notice and sufficient opportunity to all the parties concerned and by following due process of law, within a period of eight (8) 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.

[R.M.D., J.] [J.S.N.P., J.] 26.10.2022 Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Lalgudi, Trichy District.

3.The Tahsildar, Lalgudi Taluk, Trichy District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk 26.10.2022