V.Palanivel v. The Secretary To Govt.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN AND THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD)No.4354 of 2020 and W.M.P.(MD)No.3661 of 2020 V.Palanivel ... Petitioner -Vs1.The Secretary to Government, Department of Revenue and Disaster Management, Fort St. George, Chennai - 09.

2.The District Collector, 3.The Superintendent of Police, 4.The District Revenue Officer,

5.The Sub-Collector / Revenue Divisional Officer, O/o. Revenue Divisional Officer, 6.The Inspector of Police, Reddiarchatram Police Station, 7.The Tahsildar, Dindigul West Taluk, 8.Kalimuthu 9.P.Muthukumar ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 7 to remove the encroachment made by the respondents 8 and 9, by considering the petitioner's representation dated 20.02.2020.

For Petitioner : Mr.S.Krishnan For R1, R2, R4 R5 and R7 : Mr.S.P.Maharajan, Spl. Government Pleader.

For R3 & R6 : Mr.T.Senthil Kumar, Additional Public Prosecutor.

ORDER

[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 7 to remove the encroachment made by the respondents 8 and 9, by considering the petitioner's representation dated 20.02.2020.

2. Today, when the matter was taken up for hearing, the learned Special Government Pleader appearing for the official respondents submitted that there are some encroachments in the place in question and the same would be removed by the authorities concerned within a time frame, by due process of law, for which, the learned counsel for the petitioner is agreeable.

3. Recording the above submission, this Writ Petition is disposed of with a direction to the authorities concerned to remove the encroachment in the place in question, after affording sufficient opportunity to all the parties

concerned and by following due process of law. Such an exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

[R.M.D., J.] & [J.S.N.P., J.] 09.11.2022 vsm Index :

Yes / No Internet : Yes / No

To 1.The Secretary to Government, Department of Revenue and Disaster Management, Fort St. George, Chennai - 09.

2.The District Collector, 3.The Superintendent of Police, 4.The District Revenue Officer, 5.The Sub-Collector / Revenue Divisional Officer, O/o. Revenue Divisional Officer, 6.The Inspector of Police, Reddiarchatram Police Station, 7.The Tahsildar, Dindigul West Taluk,

R.MAHADEVAN , J.

AND J.SATHYA NARAYANA PRASAD, J.

VSM W.P.(MD)No.4354 of 2020 09.11.2022