Appanasamy. S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S.Appanasamy ... Petitioner vs.

1.The District Collector, Thoothukudi, Thoothukudi District.

2.The District Revenue Officer, Thoothukudi, Thoothukudi District.

3.The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

4.The Tashsildar, Vilathikulam Taluk, Vilathikulam, Thoothukudi District.

5.K.Gurusamy 6.S.Santhiran 7.T.Subburaj 8.Periyakaveri ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 1/5

4 to remove the encroachment made by the respondents 5 to 8 on the basis of the representation of the petitioner, dated 05.01.2023. For Petitioner : Mr.G.Thiruvarutselvan For RR 1 to 4 : Mr.M.Sarangan Additional Government Pleader

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) The prayer in this Writ Petition is seeking for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment made by the respondents 5 to 8 on the basis of the representation of the petitioner, dated 05.01.2023.

2. According to the petitioner, he made a representation, dated 05.01.2023 to the respondents 1 to 4 seeking for removal of the encroachment made by the respondents 5 to 8. Since the same has not been considered, the petitioner has filed the present Writ Petition. 3.

The learned Government Pleader appearing for the respondents 1 to 4, on instructions, submitted that the representation of the 2/5

petitioner, dated 05.01.2023 would be considered and appropriate action will be taken in accordance with law.

4. In view of the abovesaid submission, without going into the merits of the claim made by the petitioner, the fourth respondent is directed to consider the representation of the petitioner, dated 05.01.2023 and pass appropriate orders, on merits and in accordance with law. If there is any encroachment as claimed by the petitioner, after issuing notice to all other parties, the fourth respondent shall take necessary action for removal of the encroachment, after affording sufficient opportunity of personal hearing to all the parties concerned including the respondents 5 to 8 and by following due process of law, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs.

[D.K.K.,J.] [L.V.G.,J.] 08.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes 3/5

To 1.The District Collector, Thoothukudi, Thoothukudi District.

2.The District Revenue Officer, Thoothukudi, Thoothukudi District.

3.The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

4.The Tashsildar, Vilathikulam Taluk, Vilathikulam, Thoothukudi District.

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D.KRISHNAKUMAR ,J.

and L.VICTORIA GOWRI,J.

ps ORDER MADE IN DATED : 08.02.2023 5/5