Paramasivan.N v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD N.Paramasivan ... Petitioner -vs1.The District Collector District Collector Office Tenkasi District 2.The Revenue Divisional Officer Revenue Divisional Office Tenkasi District 3.The Thasildar Taluk Office Sankarankoil Tenkasi District 4.The Surveyor Survey Department Taluk Office Kadaiyanallur Tenkasi District

5.The Block Development Officer Block Development Office Melaneelithanallur Union Sankarankoil Taluk Tenkasi District 6.The Village Panchayat President Sernthamangalam Majara Village Panchayath Kadaiyanallur Taluk Tenkasi District 7.Iyyendera Rajan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 6 to take necessary action against the seventh respondent to remove the encroachment made in public pathway situated in Survey No.942/15, Kadaiyallurutti Village, Kadaiyanallur Taluk, Tenkasi District, by considering the petitioner's representation dated 22.12.2021, within a time frame.

For Petitioner :

Mr.Mathavaselvam.R.

For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R6 No appearance for R7

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 6 to remove the encroachment made by the seventh respondent in the public pathway in Survey No.942/15 of Kadaiyallurutti Village, Kadaiyanallur Taluk, Tenkasi District, by considering the petitioner's representation dated 22.12.2021, within a time frame.

2. When the matter was taken up for hearing, the learned Government Pleader appearing for the respondents 1 to 6, on instructions, submitted that there are some encroachments, as projected by the petitioner, in the subject land and the same would be removed, in accordance with law, within a period of twelve weeks.

3. Recording the above submission of the learned Government Pleader, the authority concerned is directed to remove the encroachments made by the seventh respondent in the subject land after giving due notice and sufficient opportunity to all the parties concerned and by following due

process of law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

4. With the above direction, this writ petition is disposed of. No costs.

[R.M.D., J.] [J.S.N.P., J.] 28.10.2022 Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, District Collector Office, Tenkasi District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Tenkasi District.

3.The Thasildar, Taluk Office, Sankarankoil, Tenkasi District.

4.The Surveyor, Survey Department Taluk Office, Kadaiyanallur, Tenkasi District.

5.The Block Development Officer, Block Development Office, Melaneelithanallur Union, Sankarankoil Taluk, Tenkasi District.

6.The Village Panchayat President, Sernthamangalam Majara Village Panchayath, Kadaiyanallur Taluk, Tenkasi District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk 28.10.2022