J.Pandi, S/O.Jeyaraj, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P(MD)No.7430 of 2018 and W.M.P(MD)No.7108 of 2018 J.Pandi ... Petitioner Vs.

1. The District Collector, Madurai District, Madurai.

2. The Tahsildar, Vadipatti Taluk, Madurai District.

3. The Block Development Officer, Vadipatti Panchayat Union, Vadipatti Taluk, Madurai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents 2 and 3 from demolishing the petitioner's thatched house bearing Door No.1/131 which is situated in Survey No.110/6, T.Andipatti Village, Vadipatti Taluk, Madurai District without following the due process of law.

For Petitioner : Mr.G.R.Sathish For RR 1 & 2 : Mr.M.Jeyakumar, Additional Government Pleader.

For R - 3 : Ms.J.Padmavathi Devi, Government Advocate.

ORDER

(Order of the Court was made by M.DURAISWAMY,J.) The petitioner has filed the above writ petition to issue a Writ of Mandamus, forbearing the respondents 2 and 3 from demolishing the petitioner's thatched house bearing Door No.1/131, which is situated in Survey No.110/6, T.Andipatti Village, Vadipatti Taluk, Madurai District, without following the due process of law.

https://hcservices.ecourts.gov.in/hcservices/ 2.It is the case of the petitioner that the third respondent had issued a notice, dated 23.03.2018 informing the petitioner

that he will be visiting the property in dispute and survey the same on 05.04.2018 at 11.00 a.m., to ascertain the alleged encroachment.

3.The learned counsel appearing for the petitioner submitted that it would be suffice to direct the respondents to take action only in accordance with law and by following due process of law. 4.Mr.M.Jeyakumar, learned Additional Government Pleader, takes notice for the respondents 1 and 2 and Ms.J.Padmavathi Devi, learned Government Advocate takes notice for the third respondent. 5.In view of the limited prayer sought for by the learned counsel appearing for the petitioner, while disposing of the writ petition, we direct the respondents to take action on the complaint made by the petitioner by following due process of law. 6.With this observation, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Madurai District, Madurai.

2. The Tahsildar, Vadipatti Taluk, Madurai District.

+1cc to Mr.G.R.Sathish, Advocate Sr.No.59834 PS VB/RSK/SAR1/03/05/2018/2P/4C W.P(MD)No.7430 of 2018 05.04.2018 https://hcservices.ecourts.gov.in/hcservices/