Arunachalam.A v. The District Collector

W.P.(MD)No.5080 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2021

CORAM

THE HONOURABLE MR.JUSTICE T. S. SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD)No.5080 of 2021 A.Arunachalam ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Madurai South, Madurai District.

3.The Tahsildar, Madurai South Taluk, Madurai District.

4.The Village Administrative Officer, Kusavankundu Panchayath, Madurai South, Madurai - 625 022.

5.Mr.Murugesan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the Respondents 1 to 4 to remove the encroachment in Survey No.96 in Kusavankundu Village, Madurai Taluk, Madurai on the basis of the petitioner's representation dated 02.10.2020. For Petitioner : Mr.A.Mu.Sharavanan For Respondent Nos.1 to 4 : Mr.A.Karthick Government Advocate For Respondent No.5 : No appearance * * * * *

ORDER

(Order of the Court was made by T. S. SIVAGNANAM, J.) The writ petitioner has filed this Writ Petition, seeking issuance of a Writ of Mandamus, directing the Respondents 1 to 4 to remove the encroachment in Survey No.96 in Kusavankundu Village, https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.5080 of 2021 Madurai Taluk, Madurai, on the basis of the petitioner's representation dated 02.10.2020.

2.Learned Government Advocate appearing for respondent Nos.1 to 4 submitted that the above said land is classified as Oorani. 3.If that is so, none can encroach upon it. The encroachment is stated to be hay being stocked in the area. If that is so, immediate action to be taken to remove the encroachment by issuing notice to the fifth respondent. If the fifth respondent fails to do, respondents 3 and 4 shall remove the same at the risk of the fifth respondent.

4.The Writ Petition is disposed of with the above directions. No costs.

Sd ASSISTANT REGISTRAR ( P AND A ) TRUE COPY /5/2021 SUB ASSISTANT REGISTRAR ( CS ) sj Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Madurai South, Madurai District.

3.The Tahsildar, Madurai South Taluk, Madurai District.

4.The Village Administrative Officer, Kusavankundu Panchayath, Madurai South, Madurai - 625 022.

1CC TO THE SPL GOVT PLEADER SR :16541 TR 3/5/2021 2P/6C W.P.(MD)No.5080 of 2021 17.04.2021 https://hcservices.ecourts.gov.in/hcservices/ 2/2