Chellammal.P v. The Madurai District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI and WMP(MD) No.3507/2021 (Through Video Conferencing) 1.P.Chellammal 2.P.Mahendran : Petitioners Vs.
1.The Madurai District Collector, Madurai District Collector Office, Madurai.
2.The Revenue District Officer, Madurai District Collector Office, Madurai.
3.The Tahsildar, Madurai East Tahsildar Office, Othakadai, Madurai.
4.A.Andal 5.A.Elammal 6.M.Vasantha 7.K.Pandiselvi 8.P.Sinthammal 9.P.Alagammal 10.Abinaya 11.N.Valamathi 12.V.Manimegalai 13.Oyyammal : Respondents 1/3
PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the respondents 1 to 3 to remove the encroachment made by the respondents 4 to 13 in Survey No.93 of Kallanthiri I bit village, Madurai East Taluk, Madurai and consequently restrain the respondents 1 to 3 from issuing patta in road poramboke in S.No.93 of Kallanthiri 1 bit village in favour of the respondents 4 to 13. For Petitioner : Mr.J.Alaguram Jothi For Respondents : Mr.K.Mu.Muthu for R1 to R3 Additional Government Pleader
ORDER
(Order of the Court was made by M.M.SUNDRESH, J.) This is the second writ petition, after the earlier one was disposed of, though filed by a different person, seeking action against the official respondents to remove the encroachments.
2. The learned Additional Government Pleader produced instructions from the office of the respondent No.3, wherein, a communication has been given in Mu.Mu.No.4181/2019/A3 dated 12.02.2021 to the Block Development Officer, East Panchayat Union, Madurai, to take appropriate action, as the land encroached by the individuals come within his jurisdiction.
3. In such view of the matter, we direct the Block Development Officer, East Panchayat Union, Madurai, to act in pursuant to the communication sent as aforesaid by the respondent No.3 dated 12.02.2021 by following due procedure and remove the encroachment within eight weeks from the date of receipt of a copy of this order.
4. The writ petition stands disposed of accordingly. No costs. Consequently connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but,ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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To 1.The Madurai District Collector, Madurai District Collector Office, Madurai.
2.The Revenue District Officer, Madurai District Collector Office, Madurai.
3.The Tahsildar, Madurai East Tahsildar Office, Othakadai Madurai.
4. The Block Development Officer, East Panchayat Union, Madurai.
(Direction issued by the Court dated 02.03.2021) +1 CC to M/s.SPL GP ( SR-8451[F] dated 03/03/2021 ) +1CC TO Mr.J.Alaguram Jothi, Advocate, SR No.1687 Dated: 02.03.2021 RR MS/12.03.2021/3P.7C 3/3