Madras High CourtWP(MD)/11573/2014disposed of

P.Karuppaiah v. The District Collector,

2017-07-27Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.11573 of 2014 P.Karuppaiah .. Petitioner Vs.

1.The District Collector, Pudukottai District.

2.The Thasildhar, Taluk Office, Manamelkudi Taluk.

3.R.Balasubramaniyan .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 herein to remove the encroachments made in Survey No.113/1 and 116/8 situated in Karahathikottai Revenue Village, Manalmelkudi Taluk, Pudukottai District.

For petitioner : Porkodi Karnan for M/s Polax Legal Solutions For R1 & R2 : Mr.M.Govindan Special Government Pleader For R3 : Mr.N.Mohan

O R D E R

************ [Order of the Court was made by G.R.SWAMINATHAN,J.] The petitioner seeks a direction to the respondents 1 and 2 to remove the encroachments made in Survey Nos.113/1 and 116/8 situated at Karahathikottai Revenue Village, Manamelkudi Taluk, Pudukottai District.

2. The grievance of the petitioner is that the authorities have merely made a show of removal of the encroachments and have not actually removed the same. He had given a representation dated 29.03.2014 in this regard. The second respondent had already given a reply on 06.06.2014. But the writ petitioner is not satisfied with the same.

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3. Therefore, we permit the writ petitioner to give a fresh representation to the second respondent. The second respondent, on receipt thereof, shall issue a show-cause notice to the third respondent and remove the encroachments, if any, in Survey Nos.113/1 and 116/8 situated at Karahathikottai Revenue Village, Manamelkudi Taluk, Pudukottai District, within a period of three months therefrom, of course after complying with the principles of natural justice.

4. With the above observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (Crl side) /True copy/ Sub Assistant Registrar To:

1.The District Collector, Pudukottai District.

2.The Thasildhar, Taluk Office, Manamelkudi Taluk.

+1cc to M/s.Polax Legal Solutions,Advocate,SR. 68601 +1cc to M/S.Special Government Pleader,SR. 68986 ORDER MADE IN W.P(MD)No.11573 OF 2014 27.07.2017 TA/MR/AKV KK/SV MMS/SAR3-22.08.2017-2P-5C https://hcservices.ecourts.gov.in/hcservices/