Singaram v. The District Collector

W.P.[MD]No.11277 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.[MD]No.11277 of 2021 Singaram ... Petitioner Vs.

1.The District Collector, Pudukkottai District.

Pudukkottai.

2.The Tahsildar, Kulathur Taluk, Kulathur, Pudukkottai District.

3.Annamalai 4.Vellaisamy 5.Lakshmanan 6.Sundari 7.Rasu ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first and second respondents to remove the encroachment made by the respondents 3 to 7 herein in Survey No.28/1 at Vellanur Village, Kulathur Taluk, Pudukottai District based on the petitioner's representation dated 13.01.2021.

For Petitioner : Mr.D.Rameshkumar For Respondents 1&2 : Mr.A.K.Manickam, Standing Counsel for Govt.

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM, J.] With the consent on either side, this Writ Petition itself is taken up for final disposal.

2.Heard Mr.D.Ramesh Kumar, learned Counsel appearing for the petitioner and Mr.A.K.Manickam, learned Counsel appearing for the respondents 1 and 2.

3.This writ petition has been filed, praying for a direction upon the second respondent to remove the alleged encroachment caused by the respondents 3 to 7. A representation has been sent to the respondents by registered post and it has been received by the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.11277 of 2021 respondents on 18.01.2021. Complaining that no action has been taken, the petitioner is before this Court.

4.From the photographs, it appears that there is a house constructed and there is a fence and the vegetation shows that the fence could have been in existence for quite a long time. In any event, it is for the second respondent to conduct an enquiry. Therefore, we direct the petitioner to submit a fresh representation to the second respondent along with a copy of this order and the copy of the earlier representation by appearing in person before the office of the second respondent. If the same is done, the second respondent is directed to issue notice to the petitioner as well as the respondents 3 to 7, conduct an enquiry and proceed in accordance with law as expeditiously as possible.

5.Accordingly, the Writ Petition stands disposed of. However, there shall be no order as to costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) MR 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.

To 1.The District Collector, Pudukkottai District.

Pudukkottai.

2.The Tahsildar, Kulathur Taluk, Kulathur, Pudukkottai District.

+1 CC to M/s.SPL GP ( SR-22104[F] dated 12/07/2021 ) W.P.[MD]No.11277 of 2021 08.07.2021 MJ(CO) RD(16.07.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2