Raju.P v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.04.2021 CORAM :

The Hon'ble Mr.JUSTICE T.S.SIVAGNANAM AND The Hon'ble Mrs.JUSTICE S.ANANTHI P. Raju ... Petitioner Vs

1. The District Collector, Karur District.

2. The Revenue Divisional Officer, Karur, Karur District.

3. The Tahsildar, Karur Taluk, Karur District.

4. The Commissioner, Karur Municipality, Karur District.

5. Kumar ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ in the nature of Writ of Mandamus or any other appropriate Writ or order or direction, directing the fourth respondent herein to take necessary steps to remove the encroachment in T.S. No.2347, Ward No.I, Karur Municipality, Karur Taluk and District within the stipulated period.

For Petitioner : Mr.M. Jothibasu For Respondents-1 to 3 : Mr.K.Mu.Muthu Additional Government Pleader For Respondent-4 : Mr.L.P. Mouriya, Standing Counsel For Respondent-5 : No appearance 1/3

ORDER

[Order of the Court was made by T.S. SIVAGNANAM, J.] Mr.M. Jothibasu, learned counsel appearing for the petitioner seeks for a direction to the fourth respondent to take necessary steps to remove the encroachment in T.S. No.2347, Ward No.I, Karur Municipality, Karur Taluk and District, within the stipulated period.

2. The notice sent to the fifth respondent was returned with an endorsement 'refused'. Therefore, it is deem to be served on the fifth respondent.

3. The learned Additional Government Pleader appearing for the respondents-1 to 3 submitted that there is an encroachment committed by the fifth respondent.

4. In the light of the same, we direct the fourth respondent to consider the petitioner's representation after issuing notice to the fifth respondent, granting sufficient time, permitting him to submit his reply to the notice and after conducting spot inspection, take action in accordance with law. These directions should be complied with, within a period of 12 weeks, from the date of receipt of a copy of this order.

5. With the above observations, this Writ petition is disposed of.

Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.

Ksa 2/3

To

1. The District Collector, Karur District.

2. The Revenue Divisional Officer, Karur, Karur District.

3. The Tahsildar, Karur Taluk, Karur District.

+1 CC to M/s.SPL GP ( SR-17520[F] dated 26/04/2021 ) Order made in 23.04.2021 GS (05.05.2021) 3P 5C 3/3