Malligai v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :28.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.7880 of 2024 Malligai ... Petitioner Vs.

1 The District Collector, Dindigul District, Dindigul.

2 The Revenue Divisional Officer/Chair Person, Divisional Monitoring Committee For Eviction of Encroachment, Palani, Dindigul District.

3 The Tahsildar, Vedasandur Taluk Office, Vedasandur, Dindigul District.

4 The Executive Officer, Thadikombu Town Panchayat, Vedasandur Taluk, Dindigul District.

5 Selvaraj 6 Kani @ Prabhu ... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents herein to remove the encroachments made by the respondents Nos.5 and 6 in the Poramboke Land comprised in Survey No.2568/24 located at South Street, Thadikombu Village, Vedasandur Taluk, Dindigul District, on the basis of the petitioner's representation, dated 09.12.2023 within a stipulated period.

For Petitioner :Mr.S.Harish For R-1 & R-3 :Mr.T.Amjad Khan, Government Advocate For R-4 :Mr.N.Satheesh Kumar

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] The petitioner has filed this writ petition seeking for issuance of a Writ of Mandamus, directing the respondents herein to remove the encroachments made by the respondents Nos.5 and 6 in the Poramboke Land comprised in Survey No.2568/24, located at South Street, Thadikombu Village, Vedasandur Taluk, Dindigul District, on the basis of the petitioner's representation, dated 09.12.2023, within a stipulated period.

2. According to the petitioner, on 09.12.2023, she has made a representation to the authorities seeking for removal of encroachment

made by the respondents 5 and 6 in a poramboke land. Since no action has been taken by the authorities, the petitioner has filed this writ petition with the aforesaid prayer.

3. Considering the facts and circumstances of the case, without going into the merits of the case, we direct the third respondent, to consider the petitioner's representation, dated 09.12.2023, and pass appropriate orders, on merit and in accordance with law, after providing opportunity to the petitioner as well as the respondents 5 and 6. Such exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the above direction, this writ petition stands disposed of. No Costs.

[D.K.K., J.] [R.V., J.] 28.03.2024 Index :

Yes / No PM

To:

1 The District Collector, Dindigul District, Dindigul.

2 The Revenue Divisional Officer/Chair Person, Divisional Monitoring Committee For Eviction of Encroachment, Palani, Dindigul District.

3 The Tahsildar, Vedasandur Taluk Office, Vedasandur, Dindigul District.

4 The Executive Officer, Thadikombu Town Panchayat, Vedasandur Taluk, Dindigul District.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

PM W.P.(MD)No.7880 of 2024 28.03.2024