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Madras High CourtWP(MD)/7784/2022disposed of

Sathiyaveni v. The District Collector

2022-10-28Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2022

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P(MD)No.7784 of 2022 Sathiyaveni ... Petitioner Vs.

1. The District Collector, Theni, Theni District.

2. The Sub Collector, Revenue Divisional Office Campus, Periyakulam Union, Theni District.

3. The Tahsildar, Periyakulam, Theni District.

4. The Panchayat Union, Keelavadakarai Panchayat, Periyakulam, Theni District.

5. The Panchayat President, Keelavadakarai Panchayat, Periyakulam, Theni District.

6. Raja ... Respondents 1/5

Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachment of the sixth respondent in Survey No.126, situated at Keelavadakarai Village, Periyakulam Taluk, Theni District. For Petitioner : Mr.R.Suriya Narayanan For Respondents 1 to 5 : Mr.V.Nirmal Kumar Government Advocate

O R D E R

(Order of the Court was made by R.MAHADEVAN, J.) The petitioner has come forward with this writ petition praying to issue a writ of mandamus, directing the respondents 1 to 5 to remove the encroachment made by the sixth respondent in Survey No.126, at Keelavadakarai Village, Periyakulam Taluk, Theni District.

2. Today, when the matter was taken up for hearing, the learned Government Advocate appearing for the respondents 1 to 5, on instructions, submitted that the authorities have already identified the extent of the encroachments in the aforesaid land in question and the Panchayat President, Keelavadakari, has also issued notice to the sixth respondent. He further submitted that the encroachments will be removed by the authorities concerned within a time frame, by following due process of law. 2/5

3. The aforesaid submission of the learned Government Advocate appearing for the respondents 1 to 5 is not refuted by the learned counsel for the petitioner.

4. Recording the above submission, the Writ Petition is disposed of with a direction to the respondents 1 to 5 to proceed with removal of the encroachments 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 eight weeks from the date of receipt of a copy of this order. No costs.

[R.M.D., J.] [J.S.N.P., J.] 28.10.2022 Internet : Yes / No Index : Yes / No pkn 3/5

To

1. The District Collector, Theni, Theni District.

2. The Sub Collector, Revenue Divisional Office Campus, Periyakulam Union, Theni District.

3. The Tahsildar, Periyakulam, Theni District.

4. The Panchayat Union, Keelavadakarai Panchayat, Periyakulam, Theni District.

5. The Panchayat President, Keelavadakarai Panchayat, Periyakulam, Theni District.

4/5

R.MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD , J.

pkn W.P(MD)No.7784 of 2022 28.10.2022 5/5