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Madras High CourtWP(MD)/2760/2020disposed of

Mahalakshmi v. The District Collector

2021-08-23Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy2 pages

W.P.(MD) No.2760 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.08.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, THE CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.(MD) No.2760 of 2020 Mahalakshmi ... Petitioner vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Dindigul East Taluk, Dindigul District.

3)Kumaresan ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents 1 and 2 herein to remove the encroachments made by the 3rd respondent in the Government Poramboke land in Old Survey No.1273/2 situated at Kambiliampatti Village, Dindigul East Taluk, Dindigul District on the basis of the petitioner's representation dated 06.12.2019 within the time stipulated by this Hon'ble Court.

For Petitioner : Mr.J.Lawrance For R1 & R2 : Mr.B.Saravanan Government Advocate For R3 : Mr.A.Vadivel

ORDER

[Order of the Court was made by M.DURAISWAMY] The petitioner has filed the above writ petition as a public interest writ petition to issue a Writ of Mandamus, directing the respondents 1 and 2 herein to remove the encroachments made by the 3rd respondent in the Government Poramboke land in Old Survey No.1273/2 situated at Kambiliampatti Village, Dindigul East Taluk, Dindigul District, on the basis of the petitioner's representation dated 06.12.2019 within a time frame.

2.The petitioner contended that the 3rd respondent is an encroacher of land in Old Survey No.1273/2 and that he has put up construction thereon. However, Mr.B.Saravanan, learned Government https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.2760 of 2020 Advocate appearing for the respondents 1 and 2 submitted that on inspection, the authorities found no encroachment made in Survey No.1273/2. However, the learned counsel appearing for the petitioner vehemently contended that there is an encroachment in the said land.

3.In view of the submissions made by learned counsel on either side, while disposing of the writ petition, we give liberty to the petitioner to give fresh representation with regard to the encroachment made by the 3rd respondent and the construction put up by him in the said lands. In the event of the petitioner giving such representation, the official respondents shall consider the same on merits and in accordance with law as expeditiously as possible. No costs.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1)The District Collector, Dindigul District, Dindigul.

2)The Tahsildar, Dindigul East Taluk, Dindigul District.

+1 CC to M/s.J.LAWRANCE, Advocate ( SR-27121[F] dated 24/08/2021 ) +1 CC to M/s.The Special Government Pleader ( SR-27027[F] dated 24/08/2021 ) W.P(MD)No.2760 of 2020 DATED : 23.08.2021 RS (27.08.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2