Subramani. M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN M.Subramani : Petitioner Vs.

1.The District Collector, Office of the District Collector, Dindigul District.

2.The Tahsildar, Oddanchathiram Taluk Office, Oddanchathiram, Dindigul District.

3.The Block Development Officer (Village Panchayat), Oddanchathiram Panchayat Union, Oddanchathiram, Dindigul District.

4.The President, Vadakadu Village Panchayat, Oddanchathiram Taluk, Dindigul District.

1/6

5.S.Valarmathi : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 4 herein to remove the encroachments made by the fifth respondent in public street comprised in S.No37 situated at Vadakadu Village, Oddanchathiram Taluk, Dindigul District by considering the petitioner's representation dated 15.03.2024, within the time stipulated by this Court.

For Petitioner : Mr.C.Gangai Amaran For Respondents 1 & 2 : Mr.A.Kannan Additional Government Pleader For Respondents 3 & 4 : Mr.N.Satheesh Kumar Additional Government Pleader

O R D E R

************ [Order of the Court was made by R.SURESH KUMAR, J.] The prayer sought for herein is for a Writ of Mandamus, directing the respondents 1 to 4 herein to remove the encroachments made by the fifth respondent in public street comprised in S.No37 situated at Vadakadu Village, 2/6

Oddanchathiram Taluk, Dindigul District, by considering the petitioner's representation dated 15.03.2024. 2.Today, when the Writ Petition is taken up for hearing at the admission stage, learned Additional Government Pleader appearing for the official respondents by relying upon the communication issued by the second respondent dated 13.04.2024, would submit that, the survey number in question is a Natham land and therefore, after the election work is over, the said land would be surveyed and necessary action will be taken if any encroachment is found there. The said statement made by the learned Additional Government Pleader is recorded. 3.Accordingly, this Writ Petition is disposed of, with a direction to the second respondent to act upon as he has stated in the proceedings dated 13.04.

2024, and do the needful within a time frame of four [4] weeks after the election work is completed. It is needless to say that, while taking any action by the second respondent, notice shall also be given to the fifth respondent or any other interested persons in the land concerned or occupier of the land concerned.

3/6

4.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. [R.S.K.,J.] & [G.A.M.,J.] 15.04.2024 Index : Yes/No Internet : Yes/No MR 4/6

To 1.The District Collector, Office of the District Collector, Dindigul District.

2.The Tahsildar, Oddanchathiram Taluk Office, Oddanchathiram, Dindigul District.

3.The Block Development Officer (Village Panchayat), Oddanchathiram Panchayat Union, Oddanchathiram, Dindigul District.

4.The President, Vadakadu Village Panchayat, Oddanchathiram Taluk, Dindigul District.

5/6

R.SURESH KUMAR, J.

and G.ARUL MURUGAN, J.

MR ORDER MADE IN 15.04.2024 6/6