V.Ramaraj, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM AND THE HONOURABLE MRS. JUSTICE R.THARANI Writ Petition(MD)No.3032 of 2019 V.Ramaraj .. Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Revenue Divisional Office, Sivakasi.

3.The Tahsildar, Srivilliputhur Taluk, Virudhunagar District.

4.B.Duraipandi ..Respondents Prayer:

Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents 1 to 3 herein to remove the encroachments made by the 4th respondent in Survey number Nos.1660/11, 1660/14 and 1660/15 Mayathevanpatti, Malli Village, Srivilliputhur Taluk, Virudhunagar District.

For Petitioner : Mrs.S.Mahalakshmi For Respondents : Mr.M.Pandiarajan Addl. Govt. Pleader for RR-1 to 3 Mr.M.Jothi Basu for R-4

ORDER

[Order of the Court was made by K.KALYANASUNDARAM, J] Heard Mrs.S.Mahalakshmi, learned counsel for the petitioner, Mr.M.Pandiarajan, learned Additional Government Pleader, appearing for the respondents 1 to 3 and Mr.M.Jothi Basu, learned counsel appearing for the fourth respondent.

2.The writ petition has been filed for issuance of writ of mandamus, directing the respondents 1 to 3 herein to remove the encroachments made by the 4th respondent in Survey number https://hcservices.ecourts.gov.in/hcservices/

Nos.1660/11, 1660/14 and 1660/15 Mayathevanpatti, Malli Village, Srivilliputhur Taluk , Virudhunagar District. 3.The learned counsel for the fourth respondent would state that in pursuance of the representation given by the petitioner, the third respondent has issued a show-cause notice under Section 7 of the Land Encroachment Act. According to the learned counsel, the fourth respondent is ready to submit an explanation/objection to the said notice.

4.In view of the fact that the third respondent has already initiated eviction proceedings, we are of the opinion that no further adjudication is required in this matter. Hence, this writ petition is disposed of directing the third respondent to take follow up action and pass appropriate orders purely on merits and in accordance with law, after providing ample opportunity to all necessary parties. Such exercise shall be completed within a period of six months. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS) To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Revenue Divisional Office, Sivakasi.

3.The Tahsildar, Srivilliputhur Taluk, Virudhunagar District.

+1 CC to M/s.G.M.LAW OFFICE, Advocate ( SR-58161[F] dated 01/04/2019 ) +1 CC to M/s.SPL GP ( SR-58552[F] dated 03/04/2019 ) VS Writ Petition (MD)No.3032 of 2019 01.04.2019 KM/(10.04.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/