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Madras High CourtWP(MD)/5214/2019disposed of

K.Shankaranarayanan, v. The State Of Tamil Nadu,

2019-03-20Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM AND THE HONOURABLE MRS. JUSTICE R.THARANI Writ Petition (MD)No.5214 of 2019 K.Shankaranarayanan .. Petitioner Vs.

1.The State of Tamil Nadu rep. by the District Collector, Virudhunagar District Collectorate, Virudhunagar.

2.The District Revenue Officer, Virudhunagar District Collectorate, Virudhunagar.

3.The Revenue Divisional Officer, Revenue Divisional Office, Sivakasi Division, Sivakasi, Virudhunagar District.

4.The Tahsildar, Taluk Office, Srivilliputhur Taluk, Virudhunagar District.

..Respondents Prayer:Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the respondents to remove the encroachment made by the common public in Perumalthevanpatti Village within the limit of partly Regunathapuram Panchayat and Pillaiyarkulam Panchayat Srivilliputtur Taluk, Virudhunagar District, following the G.O.(Ms).No. 540 [Revenue LD6

(2) Department] dated 04.12.2014.

For Petitioner : Mr.K.N.Balasubramanian For Respondents :Mr.VR.Shanmuganathan Special Govt. Pleader

ORDER

[Order of the Court was made by K.KALYANASUNDARAM, J] Heard Mr.K.N.Balasubramanian, learned Counsel for the petitioner and Mr.V.R.Shanmuganathan, learned Special Government Pleader for the respondents and perused the materials available on record.

2.The petitioner has come forward with this writ petition, seeking a direction to the respondents to remove the encroachment made in Perumalthevanpatti Village by following G.O.(Ms).No.540 [Revenue LD6(2) Department] dated 04.12.2014. 3.The learned counsel for the petitioner would state that based on the representation of the petitioner, the District Collector, Virudhunagar District, by his proceedings dated 18.06.2017, directed the Tahsildar to remove the encroachment. But pursuant to that, no action has been taken. Hence, the present writ petition has been filed.

4.Mr.V.R.Shanmuganathan, learned Special Government Pleader would state that the fourth respondent is ready to take appropriate action on the basis of the representation of the petitioner. 5.In the light of the above submissions and also considering the prayer sought for in the writ petition, this Court, without going into the merits of the matter, directs the fourth respondent to take appropriate action on merits and in accordance with law, after providing an opportunity to all the necessary parties, on the representation of the petitioner and pass appropriate orders within a period of three months from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar vs To 1.The District Collector, State of Tamil Nadu Virudhunagar District Collectorate, Virudhunagar.

2.The District Revenue Officer, Virudhunagar District Collectorate, Virudhunagar.

3.The Revenue Divisional Officer, Revenue Divisional Office, Sivakasi Division, Sivakasi, Virudhunagar District.

4.The Tahsildar, Taluk Office, Srivilliputhur Taluk, Virudhunagar District.

+1 CC to M/s.K.N.BALASUBRAMANIAM, Advocate ( SR-55435[F] dated 20/03/2019 ) +1 CC to M/s.SPL GP ( SR-55638[F] dated 21/03/2019 ) Writ Petition (MD)No.5214 of 2019 DS/ /SAR- (03.04.2019) 3 P 7C