Perumal.N v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MRS. JUSTICE L.VICTORIA GOWRI and W.M.P(MD)No.4546 of 2023 N.Perumal : Petitioner Vs.

1.The District Collector, Theni District, Theni.

2.The Revenue Divisional Officer, Office of the Uthamapalayam- Revenue Divisional Officer, 3.The Assistant Director of Town Panchayats, Office of the Assistant Director of Town Panchayats, Collectorate Buildings, Theni, 1/6

4.The Tahsildar, Office of the Taluk Office, 5.The Executive Officer, Office of the Town Panchayat Office, Thevaram Town Panchayat, 6.The Chairman, Thevaram Town Panchayat, Thevaram, : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the respondents to remove the encroachment in Thevaram Bus Stand in Survey No.918/2 of Thevaram Town Panchayat, Uthamapalayam Taluk, Theni District based on the petitioner's representations dated 22.07.2022 & 18.10.2022 and based on the directions given by this Court.

For Petitioner : Mr.R.Manickam For Respondents : Mr.S.P.Maharajan Spl. Govt. Pleader for R1 to R4 Mr.P.Thilakkumar Govt. Pleader for R5 and R6 2/6

ORDER

(Order of the Court was made by R.SUBRAMANIAN, J) Mr.S.P.Maharajan, learned Special Government Pleader takes notice for the respondents 1 to 4 and Mr.P.Thilakkumar, learned Government Pleader takes notice for the respondents 5 and 6. By consent, this writ petition is taken up for final disposal at the admission stage itself.

2. The grievance of the petitioner is that despite repeated assurance, the respondents have not removed the encroachments complained by him.

3. Mr.P.Thilakkumar, learned Government Pleader would submit that the petitioner being an Ex-Chairman of the Thevaram Town Panchayat, is making this complaint with ulterior object of preventing the construction of the bus stand. He would add that the authorities will conduct a survey and remove the encroachments, if any, after following due process of law. 3/6

4. The statement of the learned Government Pleader is recorded and the writ petition is disposed of with a direction to the respondents to remove the encroachments, if any, after following due process of law. No costs. Consequently, connected miscellaneous petition is closed. [R.S.M., J.] & [L.V.G., J.] 07.03.2023 NCC : Yes/No Index : Yes/No Internet : Yes skn To 1.The District Collector, Theni District, Theni.

2.The Revenue Divisional Officer, Office of the Uthamapalayam- Revenue Divisional Officer, 3.The Assistant Director of Town Panchayats, Office of the Assistant Director of Town Panchayats, Collectorate Buildings, Theni, 4.The Tahsildar, 4/6

Office of the Taluk Office, 5.The Executive Officer, Office of the Town Panchayat Office, Thevaram Town Panchayat, 6.The Chairman, Thevaram Town Panchayat, Thevaram, 5/6

R.SUBRAMANIAN., J AND L.VICTORIA GOWRI.,J skn and W.M.P(MD)No.4546 of 2023 07.03.2023 6/6