Marikannu.V v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD V.Marikannu ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Pudukkottai District, Pudukkottai.

2.The Tahsildar, Office of the Tahsildar, Kulathur Taluk Office, Keeranoor, Pudukkottai District.

3.Perumal 4.Palraj ... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 herein to remove the illegal encroachments made by the 3rd and 4th respondents in the lands comprised in S.No.114-10 situated at Kainankarai, Mathur Village, Kulathur Taluk, Pudukkottai Distirct, on the basis of the petitioner's representation dated 22.07.2020, within the time stipulated by this Honble Court. For Petitioner :

Mr.B.Jameel Arasu For Respondents :

Mr.P.Thilak Kumar, Govt. Pleader for R1 & R2 No Appearance for R3 & R4

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 and 2 herein to remove the illegal encroachments made by the 3rd and 4th respondents in the lands comprised in S.No.114-10 situated at Kainankarai, Mathur Village, Kulathur Taluk, Pudukkottai Distirct, on the basis of the petitioner's representation dated 22.07.2020, within a time frame.

2. It is the claim of the petitioner that the respondents 3 and 4 have made the aforesaid encroachment in the place in question and in this regard, though the petitioner made a representation on 22.07.2020 to the respondents seeking to remove the aforesaid encroachment, till date, no steps have been taken by the respondents to remove the said encroachment. Hence, the petitioner has filed this Writ Petition.

3. The learned Government Pleader appearing for the respondents 1 and 2 submitted that the representation of the petitioner dated 22.07.2020 would be considered by the official respondents and appropriate action will be taken to remove the encroachment, if any, for which, the learned counsel for the petitioner is agreeable.

4. Recording the above submission, this Writ Petition is disposed of with a direction to the authorities concerned to consider and dispose of the representation of the petitioner dated 22.07.2020, on merits and in accordance with law. If there is any encroachment in the place in question, the authorities

concerned shall remove the same, after affording sufficient opportunity to all the parties concerned and by following due process of law. Such an exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs.

[R.M.D., J.] [J.S.N.P., J.] vsm 17.11.2022

To 1.The District Collector, Office of the District Collector, Pudukkottai District, Pudukkottai.

2.The Tahsildar, Office of the Tahsildar, Kulathur Taluk Office, Keeranoor, Pudukkottai District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

vsm 17.11.2022