Pon Ram.V v. Dist.Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI V.Pon Ram ... Petitioner Vs.

1. District Collector, Collector's Office, Dindigul District.

2. Sub-Collector, Collector's Office, Dindigul.

3. Tahsildar, Palani Circle, Palani, Dindigul District.

4. P.K.Ravikumar

5. P.K.Mathialagan

6. Pandian

7. Perumal

8. Dr.Saroja

9. Pon Ram @ Ramamoorthy ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondents 1 to 3 to remove the encroachment made in Survey No.624/1 which is earmarked for burial ground so that the public may use the burial ground without any difficulty. For Petitioner : Mr.M.Alagappan For R1 to R3 : Mr.R.Baskaran, Standing Counsel for Government of Tamil Nadu For R6 : Mr.S.Balaji For R4 and R5 : No appearance 1/3

ORDER

[Order of the Court was made by T.S. SIVAGNANAM, J.] This writ petition has been filed for issuance of Writ of Mandamus, to direct the respondents 1 to 3 to remove the encroachment made in Survey No.624/1 which is earmarked for burial ground.

2. Heard the learned counsel appearing for the petitioner, Mr.R.Baskaran, learned Standing Counsel appearing for respondents 1 to 3 and Mr.S.Balaji, learned counsel appearing for the 6th respondent.

3. The learned Standing Counsel for Government appearing for respondents 1 to 3 submitted that pursuant to the directions issued by the District Collector, Dindigul, in a communication dated 30.07.2020, the Thasildhar, namely, the 3rd respondent was directed the survey to be conducted, but, on account of the pandemic situation, there is a delay and earnest steps will be taken to conduct the survey at the earliest.

4. Therefore, we direct the 3rd respondent to conduct the survey of the area, within a period of six weeks from the date of receipt of a copy of this order and if any encroachment is found, action will be initiated in accordance with law, after notice to the encroachers.

5. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) ogy/rmi 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. 2/3

To

1. The District Collector, Collector's Office, Dindigul District.

2. The Sub-Collector, Collector's Office, Dindigul.

3. The Tahsildar, Palani Circle, Palani, Dindigul District.

+1 CC to M/s.M.ALAGAPPAN, Advocate ( SR-19117[F] dated 09/06/2021 ) 07.06.2021 KK(15.06.2021) 3P 5C 3/3