Muthaiah .P v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD P.Muthaiah ... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Aruppukkottai, 3.The Tahsildar, 4.The Block Development Officer,

5.The President, Mukkudi Panchayat, 6.Muthuerulan 7.Murugan 8.Raguraman ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus by directing the respondents 1 to 5 herein to take immediate action for the removal of encroachment made by the respondents 6 to 8 herein at Vadakkur Kanmai comprised in S.No. 132/1 situated at Mukkulam Frika, Thiruchuli Taluk, Virudhunagar District and also in the road leading to the Sri Marudharudaiya Ayyanar and Sri Karuppasamy Temples comprised in S.No. 126/6 on the eastern side of the Vadakkur Kanmai in the nature of doing Agriculture and blocking the said road based on the petitioners representation dated 28.03.2022 submitted in person to the respondents 1 to 4 herein and also in the light of the proceedings of the 1st respondent dated 21.09.2021 within a time frame.

For Petitioner :

Mr.B.Prahalad Ravi For Respondents :

Mr.S.P.Maharajan, Special Govt. Pleader for R1 to R5 No Appearance for R6 to R8

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 5 herein to take immediate action for the removal of encroachment made by the respondents 6 to 8 at Vadakkur Kanmai, comprised in S.No. 132/1 situated at Mukkulam Frika, Thiruchuli Taluk, Virudhunagar District and also in the road leading to Sri Marudharudaiya Ayyanar and Sri Karuppasamy Temples comprised in S.No. 126/6 on the eastern side of the Vadakkur Kanmai in the nature of doing agriculture and blocking the said road, based on the petitioner's representation dated 28.03.2022 and also in the light of the proceedings of the 1st respondent dated 21.09.2021, within a time frame.

2. Today, when the matter was taken up for hearing, the learned Special Government Pleader appearing for the respondents 1 to 5 has produced a communication of the Revenue Thasildar, Thiruchuli Taluk, Virudhunagar District in Na.Ka.M2/2450/2022, dated 12.11.2022, addressed to him and submitted that the encroachments projected by the petitioner have been removed and there are no encroachments in the place in question.

3. The abovesaid submissions of the learned Special Government Pleader is not refuted by the learned counsel for the petitioner. Thus, recording the above submission, this Writ Petition is disposed of leaving it open to the petitioner to approach the authorities concerned if there is any encroachment. No costs.

[R.M.D., J.] [J.S.N.P., J.] vsm 14.11.2022

To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Aruppukkottai, 3.The Tahsildar, 4.The Block Development Officer, 5.The President, Mukkudi Panchayat,

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

vsm 14.11.2022