Anburani.R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD R.Anbu Rani ... Petitioner Vs.

1.The District Collector, Collectorate, Thanthonri Malai, Karur District.

2.Revenue Divisional Officer, Kulithalai, Karur District.

3.The Tahsildar, Kadavur Taluk, Karur District.

4.The Village Administrative Officer, Pannapatty Village, Kadavur Taluk, Karur District.

5.The President, Pannapatty Village, Kadavur Taluk, Karur District.

6.Arockia Raj ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner's representation dated 27.09.2021 and remove the encroachments made in Survey No.264 at P. Udayapatty, Pannapatti Village, KadavurTaluk, Karur District within the time stipulated by this Hon'ble Court. For Petitioner :

Mr.J.Velmurugan For Respondents :

Mr.P.Thilak Kumar, Govt. Pleader for R1 to R5 No Appearance for R6

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner's representation dated 27.09.2021 and remove the encroachments made in Survey No.264 at P. Udayapatty, Pannapatti Village, KadavurTaluk, Karur District, within a time frame.

2. Today, when the matter was taken up for hearing, the learned Government Pleader appearing for the respondents 1 to 5, on instructions, submitted that based on the representation of the petitioner dated 27.09.2021, the authorities concerned have acted upon and 50% of the encroachments in the place in question have been removed and the remaining encroachment would be removed within a time frame, for which, the learned counsel for the petitioner is agreeable.

3. Recording the above submission, this Writ Petition is disposed of with a direction to the authorities concerned to remove the remaining encroachment in the place in question, after affording sufficient opportunity to all the parties concerned and by following due process of law. Such an exercise shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order. No costs.

[R.M.D., J.] [J.S.N.P., J.] vsm 14.11.2022

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

vsm To 1.The District Collector, Collectorate, Thanthonri Malai, Karur District.

2.Revenue Divisional Officer, Kulithalai, Karur District.

3.The Tahsildar, Kadavur Taluk, Karur District.

4.The Village Administrative Officer, Pannapatty Village, Kadavur Taluk, Karur District.

5.The President, Pannapatty Village, Kadavur Taluk, Karur District.

14.11.2022