Chandran v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.2450 of 2024 Chandran ... Petitioner -Vs1.The District Collector, Office of the District Collector, Dindigul District.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Dindigul District.
3.The Tahsildar, Natham Taluk Office, Natham, Dindigul District.
4.Panaiyammal ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent 1 to 3 herein to remove the illegal encroachment and fencing laid by the fourth respondent in the "Government Tharisu" in S.No.68/2, property situated at Mulaiyur Village and Post, Natham
Taluk, Dindigul District in due compliance to the proceedings issued by the first respondent dated 28.11.2023 within the time stipulated by this Court. For Petitioner : Mr.S.Ramkumar for Mr.K.Rajesh For R1 to R3 : Mr.N.Satheesh Kumar Additional Government Pleader
ORDER
[Order of the Court was made by D.KRISHNAKUMAR, J.] This writ petition was filed to direct the respondents 1 to 3 herein to remove the illegal encroachment and fencing laid by the fourth respondent in the "Government Tharisu" in S.No.68/2, property situated at Mulaiyur Village and Post, Natham Taluk, Dindigul District in due compliance to the proceedings issued by the first respondent dated 28.11.2023 within the time stipulated by this Court.
2.Mr.N.Satheesh Kumar, learned Additional Government Pleader takes notice for the respondents 1 to 3. In view of the order going to be passed in this writ petition, notice to the fourth respondent is dispensed with. By consent of both parties, this writ petition is taken up for final disposal at the time of admission itself.
3.Since the representation of the petitioner seeking to remove the illegal encroachment and fencing put up by the fourth respondent in the petition mentioned property has not been considered, the petitioner has filed the present writ petition.
4.The learned Additional Government Pleader appearing for the official respondents submits that the property in question is classified as KaraduGovernment land. The representation submitted by the petitioner is pending for consideration and the same would be considered and necessary orders will be passed.
5.Considering the facts and circumstances of the case and taking note of the submission made on behalf of the official respondents, this Court without going into the merits of the matter, direct the official respondent to consider the representation of the petitioner dated 21.11.2023 on its own merits and take appropriate action in accordance with law after providing an opportunity to the parties concerned within a period of twelve weeks from the date of receipt of a copy of this order.
6.With the above directions, this writ petition is disposed of. No costs. [D.K.K., J.] & [R.V., J.] 07.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No ta To 1.The District Collector, Office of the District Collector, Dindigul District.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Dindigul District.
3.The Tahsildar, Natham Taluk Office, Natham, Dindigul District.
D.KRISHNAKUMAR, J.
AND R.VIJAYAKUMAR , J.
ta W.P.(MD)No.2450 of 2024 07.02.2024