C. Jeyaseelan v. The Dist. Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2021

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI C.Jeyaseelan ... Petitioner Vs.

1.The District Collector, Madurai, 2.The Tahsildar, Taluk Office, Usilampatti, 3.The Block Development Officer, Village Panchayat, Usilampatti Taluk, 4.The Village President-cum-Village Executive Officer, Nakkalapatti Village, Usilampatti Taluk, 5.C.Namakodi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Mandamus, directing the respondents 2 and 3 to remove the encroachment made by the fifth respondent in S.No.273 of Waterways, which is situated at Nakkalapatti Village and Post, Usilampatti Taluk, Madurai District, within a time frame to be fixed by this Court. For Petitioner : Mr.J.Senthil Kumaraiah For R1 to R4 : Mr.N.Shanmugaselvam Additional Government Pleader * * * * * 1/3

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner seeks a direction to respondent Nos.2 and 3 to remove the encroachment made by respondent No.5 in S.No.273, Waterways, situated at Nakkalapatti Village and Post, Usilampatti Taluk, Madurai Dsitrict.

2.On a perusal of the typed set of papers, especially, the communication sent by respondent No.3 to respondent No.4, vide Na.Ka.No.75/2020/T1, dated 18.06.2020, it appears that action has already been initiated.

3.In such view of the matter, we direct respondent No.4 to conclude the aforesaid proceeding by removing the encroachment made, if any, within a period of 12 weeks from the date of receipt of a copy of this order.

4.This Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar 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.

To 1.The District Collector, Madurai, 2.The Tahsildar, Taluk Office, Usilampatti, 2/3

3.The Block Development Officer, Village Panchayat, Usilampatti Taluk, 4.The Village President-cum-Village Executive Officer, Nakkalapatti Village, Usilampatti Taluk, +1 CC to M/s.J.SENTHIL KUMARAIAH, Advocate ( SR-9864[F] dated 10/03/2021 ) +1 CC to M/s.J.SENTHIL KUMARAIAH, Advocate ( SR-10323[F] dated 11/03/2021 ) +1 CC to M/s.SPL GP ( SR-10114[F] dated 10/03/2021 ) 09.03.2021 SMN2 MS/16.03.2021/3P.8C 3/3