C Malar Rajan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY C.Malar Rajan ... Petitioner vs.

1.The District Collector, Thanjavur District, 2.The District Revenue Officer, Thanjavur District, 3.The Revenue Divisional Officer, 4.The Tahsildar/Monitoring Committee, 5.The Assistant Executive Engineer, PWD Department, Peravoorani, 1/6

6.The Deputy Superintendent of Police, 7.The Inspector of Police, Sethupavachathiram, 8.A.Dhanapal 9.R.Rajendran ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent No.5 to remove the encroachment made by the respondent Nos.8 and 9 by putting up "Arch" before the entrance of "Sri Venugopala Samy Thirukovil in Pallathur, Aaladikadu Village, Pattukottai, Thanjavur District in light of the proceedings in Pa.Vea.No.03/2025/A3 dated 03.03.2025 passed by the third respondent within time stipulated by this Court.

For Petitioner : Mr.K.Dinesh For RR 1 to 5 : Mr.J.Ashok, Additional Government Pleader For RR 6 & 7 : Mr.A.Albert James Government Advocate (Criminal Side) For RR 8 & 9 : Mr.B.Anandan 2/6

ORDER

(Order of the Court was made by J. NISHA BANU, J.) By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2.It is the grievance of the petitioner that though the third respondent has issued a communication dated 03.03.2025 to the respondents 5 and 6 to remove the encroachment made by the respondent Nos.8 and 9 by putting up "Arch" before the entrance of "Sri Venugopala Samy Thirukovil in Pallathur, Aaladikadu Village, Pattukottai, Thanjavur District, the same is kept pending till date without any progress. Therefore, he has filed this Writ Petition with the aforesaid prayer.

3.The learned Additional Government Pleader appearing for the respondents 1 to 5 submits that the encroachment will be removed in accordance with law.

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4.In view of the above, we direct the fifth respondent to remove the encroachment in the place in question, after giving sufficient opportunity of personal hearing to the petitioner and the respondents 8 and 9 and pass appropriate orders on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

[J.N.B.,J.] & [S.S.Y.,J.] 24.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The District Collector, Thanjavur District, 2.The District Revenue Officer, Thanjavur District, 3.The Revenue Divisional Officer, 4.The Tahsildar/Monitoring Committee, 5.The Assistant Executive Engineer, PWD Department, Peravoorani, 6.The Deputy Superintendent of Police, 7.The Inspector of Police, Sethupavachathiram, 5/6

J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 24.03.2025 6/6