Madras High CourtWP(MD)/2758/2024disposed of

Chinnappan v. The District Collector

2024-02-09Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.2758 of 2024 Chinnappan ... Petitioner -Vs1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Kalaiyarkovil Taluk, Sivagangai District.

3.Ravi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to take action against the encroachment made by the 3rd respondent in Government land comprised in S.No.422/3, Kallanai Village, Kalaiyarkovil Taluk, Sivagangai District by considering the petitioner's representation dated 04.12.2023. For Petitioner : Mr.S.Premkumar For R1 & R2 : Mr.S.P.Maharajan, Special Government Pleader

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2.Mr.S.P.Maharajan, learned Special Government Pleader takes notice for the respondents 1 and 2. Considering the nature of order going to be passed in this Writ Petition, notice to the 3rd respondent is dispensed with. 3.The petitioner's grievance is that his representation dated 04.12.2023, seeking removal of encroachment made by the 3rd respondent in Government land comprised in S.No.422/3, Kallanai Village, Kalaiyarkovil Taluk, Sivagangai District, has not been considered so far. Hence, he is constrained to move the present Writ Petition.

4.Considering the limited scope of the prayer sought for herein, without going into the merits of the case, we direct the 2nd respondent to consider the representation of the petitioner dated 04.12.2023 and if necessary, conduct survey of the land, after issuing notice to the parties concerned and if there is any

encroachment in the land in question, remove the same, after affording opportunity to the parties concerned. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition stands disposed of. No costs.

[D.K.K., J.] & [R.V., J.] 09.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Kalaiyarkovil Taluk, Sivagangai District.

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

Yuva W.P.(MD)No.2758 of 2024 09.02.2024