← Library
Madras High CourtWP(MD)/11374/2019disposed of

M.Suresh, S/O. Muthu, v. The District Collector,

2019-06-25Honourable Mr Justice K. Ravichandrabaabu,Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU and THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.11374 of 2019 M.Suresh : Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, O/o. the Tahsildar, Ottanchatram, Dindigul District.

3.The Block Development Officer, O/o.Panchayat Union Office, Ottanchatram, Dindigul District.

4.C.Raju : Respondents PRAYER : Writ Petition is 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 fourth respondent in Survey No.722/14 and 772/15 at K.Keeranoor village, Ottanchatram Taluk, Dindigul District within the time stipulated by this Court. For Petitioner : Mr.T.Thirumurugan For R-1 to R-3 : Mr.N.Shanmugaselvam Additional Government Pleader For R-4 : No Appearance

O R D E R

************ [Order of the Court was made by K.RAVICHANDRABAABU, J.] The petitioner has filed the present writ petition seeking to remove the encroachment made by the fourth respondent in Survey No.722/14 and 772/15 at K.Keeranoor village, Ottanchatram Taluk, Dindigul District.

https://hcservices.ecourts.gov.in/hcservices/

2.In this writ petition, notice was ordered to the fourth respondent. However, the same is returned with an endorsement that he is not residing in the said address. However, we proposed to dispose of this writ petition without affecting the interest of the fourth respondent as such in the following terms:- The petitioner made a complaint before the revenue officials as if the fourth respondent has made some encroachment. The grievance of the petitioner is that the said complaint is not looked into so far. The petitioner also sought to rely upon the proceedings of the Tahsildar, dated 19.07.2018 indicating that he has made some survey and found the encroachment. We are not expressing any view as of now, since the fourth respondent is not heard.

However, we dispose this writ petition only by directing the second respondent to look into the grievance of the petitioner and pass final orders, after giving due opportunity of hearing to the petitioner as well as the fourth respondent. Such exercise shall be done by the second respondent within a period of six weeks from the date of receipt of a copy of this orders. No costs. Sd/- Assistant Registrar (AD-I) / True Copy / Sub Assistant Registrar(CS- ) Rj2 To 1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, O/o. the Tahsildar, Ottanchatram, Dindigul District.

3.The Block Development Officer, O/o.Panchayat Union Office, Ottanchatram, Dindigul District.

+1 CC to M/s.T.THIRUMURUGAN,Advocate(SR-71222[F] dated 25/06/2019) W.P.(MD)No.11374 of 2019 25.06.2019 https://hcservices.ecourts.gov.in/hcservices/ ES/03.07.2019/2P/5C