Ramdass.M v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD M.Ramdass ... Petitioner -vs1.The District Collector Thanjavur, Thanjavur District 2.The Commissioner Kumbakonam Municipality Kumbakonam, Thanjavur District 3.Kalyanasundaram 4.Shanmugam ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to remove the encroachment in S.No.2353, situated at Ward No.6, Kumbakonam Town, Kumbakonam, Thanjavur District, by considering and passing of appropriate orders on the representation dated 16.03.2020 of the petitioner, within a time frame.

For Petitioner :

Mr.N.R.Balaji For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 Mr.M.Rajarajan for R2 Mr.H.Lakshmi Shankar for R3 Mr.R.Maheswaran for R4

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 official respondents to remove the encroachment made by the private respondents in Survey No.2353, situated at Ward No.6, Kumbakonam Town, Kumbakonam, Thanjavur District, by considering the petitioner's representation dated 16.03.2020, within a time frame.

2. The grievance of the petitioner is that though he made a representation to the respondents 1 and 2 as early as on 16.03.2020 seeking removal of the encroachment made by the private respondents in the aforesaid survey number, till date the same has not been considered.

3. The learned Government Pleader appearing for the first respondent, on instructions, submitted that the petitioner's representation

dated 16.03.2020 would be considered and appropriate action would be taken in accordance with law.

4. In view of the above, without going into the merits of the claim made by the petitioner, the respondents 1 and 2 are directed to consider the petitioner's representation dated 16.03.2020 and pass appropriate orders, if not already disposed of, on merits and in accordance with law. If there is any encroachment as pointed out by the petitioner, the same shall be removed, after giving due notice to all the parties concerned and by following due process of law, within a period of eight (8) 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.

[R.M.D., J.] [J.S.N.P., J.] 26.10.2022 Index :

Yes / No Internet :

Yes / No krk

To:

The District Collector Thanjavur, Thanjavur District

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk 26.10.2022