D.Kadhiyar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2025 CORAM :
THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY D.Kadhiyar ... Petitioner vs.
1. The District Collector, Virudhunagar District, Virudhunagar.
2. The Revenue Divisional Officer, Aruppukottai Sub Division, Virudhunagar District.
3. The Tahsildar, Kariapatti Taluk, Virudhunagar District.
4. The Executive Officer, Kariapatti Town Panchayat, Virudhunagar District.
5. The President, Kariapatti Town Panchayat, Virudhunagar District.
6. M.Durairaj
7. Selvam 1/6
8. Murugan
9. Arumugam
10. Mari
11. Palani
12. Vellaiyan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 3 and 4 forthwith to remove the encroachments and obstructions made by the respondents 6 to 12 over the pubic passages under S.Nos.68/15 and 68/29, Pallivasal Street, Karipatti Town, Virudhunagar District, in the light of proceedings of 1st respondent dated 08.03.2018 within the time frame stipulated by this Honourable Court and initiate appropriate disciplinary action against the respondents 3 and 4 as per direction issued by this Honourable Court in W.P.(MD)No.17877 of 2018 dated 19.12.2023.
For Petitioner : Mr.M.Thirunavukkarasu For R1 and R2 : Mr.M.Sarangan Additional Government Pleader For R3 : Mr.S.Deenadhayalan, standing counsel
ORDER
(Order of the Court was made by J.NISHA BANU, J.) The prayer in this writ petition is for issuance of a Writ of Mandamus, directing the respondents 3 and 4 forthwith to remove the encroachments and obstructions made by the respondents 6 to 12 over the pubic passages under S.Nos.68/15 and 68/29, Pallivasal Street, 2/6
Karipatti Town, Virudhunagar District, in the light of the proceedings of 1st respondent dated 08.03.2018, within a time frame and initiate appropriate disciplinary action against the respondents 3 and 4 as per the direction issued by this Court in W.P.(MD)No.17877 of 2018 dated 19.12.2023.
2.
In respect of the private respondents, service is awaited. However, since no adverse order is going to be passed, service to them is dispensed with.
3.
This is the second round of litigation. Already the petitioner has moved this Court by filing W.P.(MD)No.17877 of 2018 and the Division Bench by order dated 19.12.2023, has directed the authorities to initiate all appropriate actions in the manner known to law. Finding that no action has been taken for removal of encroachment, this second writ petition is filed.
4.
Today, when the writ petition was taken up for hearing, learned Additional Government Pleader appearing for the official 3/6
respondents submitted that the encroachments in the place in question would be removed by following due process of law within a time frame. 5.
Recording the said submission, this Writ Petition is disposed of directing the official respondents to initiate eviction proceedings by following due process of law and after giving notice and sufficient opportunity of hearing to all the encroachers, removal of encroachment shall be done in accordance with law. Such an exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. No costs.
[J.N.B, J.] [S.S.Y, J.] 20.03.2025 Index : Yes / No bala To
1. The District Collector, Virudhunagar District, Virudhunagar.
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2. The Revenue Divisional Officer, Aruppukottai Sub Division, Virudhunagar District.
3. The Tahsildar, Kariapatti Taluk, Virudhunagar District.
4. The Executive Officer, Kariapatti Town Panchayat, Virudhunagar District.
5. The President, Kariapatti Town Panchayat, Virudhunagar District.
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J.NISHA BANU, J.
AND S.SRIMATHY, J.
bala ORDER MADE IN DATED : 20.03.2025 6/6