Madras High CourtWP(MD)/2580/2023disposed of

Nagalakshmi .T v. The District Collector

2023-02-09Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN T.Nagalakshmi ... Petitioner Vs 1.The District Collector, 2.The Tahsildar, Kalayarkovil Taluk, 3.The Firka Surveyor, Kalayarkovil Taluk, 4.The Block Development Officer, Kalayarkovil Panchayat Union, 5.The President, Ealanthakari Village Panchayat, Kalayarkovil Union, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to remove the 1/4

bath tank and Sintex tank made by the fifth respondent in the petitioner's Natham house site measuring 1 1/2 cents in S.No. 265/16, in Silukkapatti Group, Kalayarkovil Taluk, Sivaganga District, by disposing the petitioner's representation dated 05.12.2022, within a time to be fixed by this Court. For Petitioner : Mr.R.Suriyanarayanan For Respondents : Mr.A.K.Manikkam Special Government Pleader for R.1 to R.3 Mr.N.Muthuvijayan Special Government Pleader for R.4 & R.5

ORDER

Heard the learned counsel on either side.

2.The petitioner wants this Court to direct the respondents to remove the petition mentioned bath tank and sintax tank. According to him, they have been located in his land.

3.When the matter was taken up for hearing, the learned counsel appearing for the respondents submitted that survey was already done on 16.09.2022. It was revealed that the petition mentioned tanks are installed in the land earmarked as "oorani".

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4.If that be so, the second respondent is directed to pass speaking order on the petitioner's representation and communicate the same to the petitioner. After receipt of the same, it is open to the petitioner to move the jurisdictional civil Court for appropriate relief. With this direction to the second respondent and liberty to the writ petitioner, this writ petition is disposed of. There shall be no order as to costs.

09.02.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The District Collector, 2.The Tahsildar, Kalayarkovil Taluk, 3.The Firka Surveyor, Kalayarkovil Taluk, 4.The Block Development Officer, Kalayarkovil Panchayat Union, 3/4

G.R.SWAMINATHAN, J.

MGA 5.The President, Ealanthakari Village Panchayat, Kalayarkovil Union, 09.02.2023 4/4