Mayan.A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD A.Mayan ... Petitioner -vs1.The District Collector Madurai 2.The Revenue Divisional Officer Usilampatti and Taluk, Madurai District 3.The Tahsildar Usilampatti and Taluk Madurai District 4.The Block Development Officer Usilampatti and Taluk Madurai District 5.The Village President Village Panchayat Thottappanayackanur Usilampatti Taluk Madurai District 6.V.Mayan 7.V.Kumarandi

8.V.Pinnakutti ... Respondents [R'6's name is amended vide Court Order dated 28.10.2022 in W.M.P.

(MD) No.5065 of 2022] PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 5 to remove the encroachment made by the respondents 6 to 8, cents in total extent of 0.37.43 Ares in S.No.580/1, which is classified as odai i.e.canal at Thottappanayackanur Village, Usilampatti Taluk, Madurai District. For Petitioner :

Mr.Chandran.B.

For Respondents :

Mr.V.Nirmal Kumar Government Advocate for R1 to R3 Mr.A.Sivanupandian for R4 Ms.S.Vinodhini for R5

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 respondents 1 to 5 to remove the encroachment made by the respondents 6 to 8 in Survey No.580/1 of Thottappanayackanur Village, Usilampatti Taluk, Madurai District, which is classified as "Odai" i.e. Canal, measuring an extent of 0.37.43 Ares.

2. Today, when the matter was taken up for hearing, the learned Government Advocate appearing for the respondents 1 to 3, on instructions, submitted that there are some encroachments, as projected by the petitioner, in the subject land and the same would be removed, by due process of law, within a period of twelve weeks.

3. Recording the above submission of the learned Government Advocate, the authority concerned is directed to remove the encroachments made by the private respondents in the subject land after giving due notice and sufficient opportunity to all the parties concerned and by following due process of law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

4. With the above direction, this writ petition is disposed of. No costs.

[R.M.D., J.] [J.S.N.P., J.] 28.10.2022 (2/2) Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Madurai.

2.The Revenue Divisional Officer, Usilampatti and Taluk, Madurai District.

3.The Tahsildar, Usilampatti and Taluk, Madurai District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk 28.10.2022 (2/2)