Tamil Nadu Harijan Sevak Sangh v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.3042 of 2024 and W.M.P.(MD)Nos.3021 and 3022 of 2024 Tamil Nadu Harijan Sevak Sangh, Rep. by its Secretary, R.Sreenivasan ... Petitioner -Vs1.The District Collector, Dindigul, Dindigul District.

2.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Palani, Dindigul District.

3.The Tahsildar, Palani Taluk, Dindigul District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No.9317/2017/C2, dated 30.01.2024 on the file of the 3rd respondent and quash the same as illegal and consequently, to forbear the respondents 1 to 3 from evicting the petitioner from his building in T.S.No.861/2,

Ward No.3, Block No.19, Nanthanaar Hostel Gandhi Madam, Tamil Nadu Harijan Sevak Sangh, West Giri Street, Foot Hills, Palani, Palani Taluk, Dindigul District without following due process of law.

For Petitioner : Mr.P.Vetrivel For Respondents : Mr.T.Amjadkhan, Government Advocate

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] By consent of both parties this Writ Petition is taken up for final disposal at the stage of admission itself.

2.Mr.T.Amjadkhan, learned Government Advocate, who took notice for the respondents, by producing the written instructions furnished by the Tahsildar, Palani / 3rd respondent, submitted that the encroacher voluntarily removed the encroachment, except the compound wall and he also undertook that the same will also be removed.

3.While recording the said written instructions, we feel that no further order is required to be passed in this Writ Petition. However, in respect of the allegation made by the petitioner that he has two pathways to reach his premises

and the respondents are threatening him that they will close the pathways, to that claim, the petitioner is at liberty to seek his remedy either before the civil Court concerned or by making a representation before the authority concerned for the aforesaid relief. No costs. Consequently, connected miscellaneous petitions are closed.

[D.K.K., J.] & [R.V., J.] 13.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To 1.The District Collector, Dindigul, Dindigul District.

2.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Palani, Dindigul District.

3.The Tahsildar, Palani Taluk, Dindigul District.

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

Yuva W.P.(MD)No.3042 of 2024 13.02.2024