Karthikeyan 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.3459 of 2022 Karthikeyan ... Petitioner -vs1. The District Collector, Dindigul District, Dindigul.

2. The Tahsildar, Dindigul East Taluk, Dindigul District.

3. Krishnammal ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents 1 and 2 to consider the representation of the petitioner dated 14.02.2022 and to take appropriate steps to remove the encroachments made by the third respondent comprised in Old Survey No. 1273/1B, New Survey No. 1876/7, situated at Kambiliyampatti, Dindigul East Taluk, Dindigul District, within a stipulated time as prescribed by this High Court.

For Petitioner :

Mr.A.Chandrakumar For Respondents :

Mr.S.P.Maharajan, Sp.Government Pleader for R1 and R2 No appearance for R3

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 and 2 to remove the encroachments made by the third respondent in Old Survey No.1273/1B, New Survey No. 1876/7, at Kambiliyampatti, Dindigul East Taluk, Dindigul District, by considering the petitioner's representation dated 14.02.2022 and to take appropriate steps, within a time frame.

2. Today, when the matter was taken up for hearing, the learned Special Government Pleader appearing for the respondents 1 and 2, produced a communication of the second respondent - Tahsildar, Dindigul East Taluk, in Na.Ka.No.1565/2022/A5, dated 26.10.2022, along with sketch and extracts of relevant revenue records, addressed to him and submitted that the third respondent has constructed a residential house in the patta land under the Pradhan Mantri Awas Yojana scheme

and that there is no encroachment as alleged by the petitioner. The said submission has not been stoutly refuted by the learned counsel for the petitioner.

3. Recording the above submission of the learned Government Special Government Pleader, this Writ Petition is closed leaving it open to the petitioner to approach the authorities concerned, to redress his grievance, if any. 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, Dindigul District, Dindigul.

2. The Tahsildar, Dindigul East Taluk, Dindigul District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD , J.

pkn W.P.(MD) No.3459 of 2022 28.10.2022