Ambika v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.06.2021 CORAM :

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI Ambika .. Petitioner Vs

1. The District Collector, Sivagangai District, Sivagangai.

2. The District Revenue Officer, Sivagangai District, Sivagangai.

3. The Revenue Divisional Officer, Kalaiyarkovil, Sivagangai District.

4. The Tahsildar, Kalaiyarkovil Taluk, Sivagangai District.

5. Gnanamary

6. Arul @ Arulananthu ... Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus directing the respondents 1 to 4 to remove the encroachment made by the respondents 5 and 6 in Survey No.89/5 and 89/6 at Pastin Nagar and Annai Nagar, Kalaiyarkovil Taluk, Sivagangai District based on the representation dated 29.03.2021.

For Petitioner : Mr.S.Pakalavan For respondents : Mr.R.Baskaran, Government Counsel for R1 to R4 1/3

ORDER

[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.S.Pakalavan, learned counsel appearing for the petitioner and Mr.R.Baskaran, learned Government Counsel appearing for the respondents 1 to 4.

2. The writ petitioner by way of this writ petition seeks for a direction to remove the encroachment made by the respondents 5 and 6 in Survey No.89/5 and 89/6 at Pastin Nagar and Annai Nagar, Kalaiyarkovil Taluk, Sivagangai District. The representation given by the petitioner is pending consideration by the respondents.

3. The learned Government Counsel appearing for the respondents 1 to 4 submitted that he has been given instruction to state that there is no encroachment, as the lands are patta lands.

4. In any event, the representation given by the petitioner is pending consideration of the respondents. Therefore, we direct the fourth respondent to give a suitable reply to the petitioner for the request made by him in his representation dated 29.03.2021, within a period of four weeks from the date of receipt of a copy of this order. If the petitioner is aggrieved, he may work out his remedies in the manner know to law before the appropriate Forum.

5. With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To:

1. The District Collector, Sivagangai District, Sivagangai.

2. The District Revenue Officer, Sivagangai District, Sivagangai.

3. The Revenue Divisional Officer, Kalaiyarkovil, Sivagangai District.

4. The Tahsildar, Kalaiyarkovil Taluk, Sivagangai District.

23.06.2021 KM(02.07.2021) 3P 5C 3/3