Manivannan 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 W.P.(MD) No.3235 of 2022 Manivannan ... Petitioner -vs1. The District Collector, Office of the District Collector, Pudukottai District.

2. The Tahsildar, Alangudi Taluk, Pudukottai District.

3. The Executive Officer, Keeramangalam Town Panchayat, Alangudi Taluk, Pudukottai District.

4. Betlarani.A ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made by the 4th respondent in Survey No.146/10D, at Keeramangalam, North Village, Alangudi Taluk, Pudukottai District, based on the petitioner's representation on 30.12.2021. For Petitioner : Mr.R.Jegadeeswaran For Respondents :

Mr.P.Thilak Kumar, Government Pleader for R1 & R2 Mr.V.Nirmal Kumar Government Advocate for R3 No appearance for R4

O R D E R

(Order of the Court was made by R.MAHADEVAN, J.) This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made by the fourth respondent in Survey No.146/10D, at Keeramangalam North Village, Alangudi Taluk, Pudukottai District, based on the petitioner's representation dated 30.12.2021.

2. Today, when the matter was taken up for hearing, the learned Government Pleader appearing for the respondents 1 and 2, has produced the proceedings of the second respondent - Tahsildar, Alangudi, in O.Mu.S.2189/2022, dated 18.04.2022 and submitted that the authorities concerned have inspected and conducted a survey of the land in question and found that there is no encroachment as projected by the petitioner.

3. The aforesaid submission is refuted by the learned counsel for the petitioner stating that still there are encroachments in the aforesaid place. However, he submitted that it is suffice if a direction is issued to the respondents 1 to 3, to consider and dispose of the representation of the petitioner dated 30.12.2021, on merits and in accordance with law, within a time frame.

4. Considering the limited scope of the prayer now sought for by the petitioner, without expressing any opinion on the claim made by the petitioner, this Writ Petition is disposed of with a direction to the respondents 1 to 3, to consider and dispose of the representation of the petitioner dated 30.12.2021, on merits and in accordance with law, if not considered earlier. If there is any encroachment as claimed by the

petitioner, appropriate action shall be taken for removal of the same, after affording sufficient opportunity of hearing to the petitioner as well as all other parties concerned and also by due process of law within a period of eight weeks from the date of receipt of a copy of this order. No costs. [R.M.D., J.] [J.S.N.P., J.] 28.10.2022 Index : Yes / No Internet : Yes / No pkn To:

1. The District Collector, Office of the District Collector, Pudukottai District.

2. The Tahsildar, Alangudi Taluk, Pudukottai District.

3. The Executive Officer, Keeramangalam Town Panchayat, Alangudi Taluk, Pudukottai District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD , J.

pkn W.P.(MD) No.3235 of 2022 28.10.2022