S.Jeevanantham v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.04.2021 CORAM :
THE HONOURABLE MR.JUSTICE T. S. SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD) No.2086 of 2020 S.Jeevanantham .. Petitioner Vs 1.The District Collector, Madurai District, Madurai.
2.The District Revenue Officer, District Revenue Officer Office, District Collector Office Campus, Madurai.
3.The Revenue Divisional Officer, Revenue Divisional Officer Office, District Collector Office Campus, Madurai.
4.The Tahsildar, North Taluk Office, Madurai North, Madurai.
5.The Revenue Inspector, Revenue Inspector Office, Kulamangalam, Madurai District.
6.The Village Administrative Officer, Village Administrative Office, Paravai Ist Pit, Paravai, Madurai District.
7.The Administrative Officer, Paravai, Madurai District.
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8.K.Netaji S/o.Karmegam ... Respondents (R8 impleaded vide order of the Court dated 23.04.2021 made in W.M.P.(MD) 8950 of 2020 by TSSJ and SAIJ) PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus, to consider the representation of the petitioner dated 02.03.2019 and to direct the respondents to remove the encroachment made in S.No.199/1 in Ward No.1, Kumaran Street, Paravai Town Panchayat, Madurai District within the period of time as stipulated by this Hon'ble Court. For Petitioner : Mr.Muthu Ganesa Pandian For Respondent Nos.1 to 7 : Mr.K.Mu.Muthu Additional Government Pleader For Respondent No.8 : Mr.S.Manohar
O R D E R
[Order of the Court was made by T.S.SIVAGNANAM, J.] This Writ Petition has been filed for the issuance of a writ of Mandamus, to direct the respondents to remove the encroachment made in S.No.199/1 in Ward No.1, Kumaran Street, Paravai Town Panchayat, Madurai District within a time frame.
2.Heard Mr.K.Muthu Ganesa Pandian, learned counsel appearing for the petitioner, Mr.K.Mu.Muthu, learned Additional Government Pleader appearing for respondent Nos.1 to 7 and Mr.S.Manohar, learned counsel for the eighth respondent.
3.Learned counsel for the petitioner submitted that in a pathway the eighth respondent has put up construction by erecting a staircase. Learned counsel for the eighth respondent submitted that the petitioner is an encroacher.
4.This issue will have to be looked into by the Executive Officer of the Paravai Town Panchayat. Therefore, we direct the Executive Officer, Paravai Town Panchayat, Paravai, Madurai District to conduct inspection of the entire street/pathway and if there is any encroachment, the same should be indicated by marking on the wall with bright colour, giving seven days time to remove the encroachment, failing which the Executive Officer, Paravai Town Panchayat has to deploy his team and remove the encroachment and recover costs from the encroacher.
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5.The Writ Petition stands disposed of with the above directions. No costs.
Sd/- Assistant Registrar(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To:
1.The District Collector, Madurai District, Madurai.
2.The District Revenue Officer, District Revenue Officer Office, District Collector Office Campus, Madurai.
3.The Revenue Divisional Officer, Revenue Divisional Officer Office, District Collector Office Campus, Madurai.
4.The Tahsildar, North Taluk Office, Madurai North, Madurai.
5.The Revenue Inspector, Revenue Inspector Office, Kulamangalam, Madurai District.
6.The Village Administrative Officer, Village Administrative Office, Paravai Ist Pit, Paravai, Madurai District.
7.The Executive Officer, Paravai, Madurai District.
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8. The Administrative Officer, Paravai, Madurai District.
+1 CC to M/s.SPL GP ( SR-17521[F] dated 26/04/2021 ) +1 CC to M/s.S.MANOHAR, Advocate ( SR-17595[F] dated 27/04/2021 ) W.P.(MD) No.2086 of 2020 23.04.2021 AS(26.05.2021) 4P 11C 4/4