Madras High CourtWP(MD)/20253/2015disposed of

Ganesa Thevar v. The District Collector,

2017-08-24Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 24.08.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.20253 of 2015 and M.P(MD)No.1 of 2015 Ganesa Thevar ... Petitioner Vs.

1.The District Collector, Virudhunagar District.

2.The Tahsildar, Sivakasi, Virudhunagar District.

3.The Block Development Officer, Sivakasi Panchayat Union, Sivakasi, Virudhunagar District.

4.R.Ramar 5.R.Subramanian 6.R.Ganesan 7.G.Sankaiah ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to remove the encroachment on Erichchanatham Kallipatti Road to Keelakulathukkadu Road (Nedungluam Road) in S.No.490/1A, 490/2A and 490/3A of Periyakulathupatti Village. For Petitioner : Mrs.Lakshmi Gopinathan for M/s.Polax Legal Solution For Respondents : Mr.M.Govindan, Spl G.P for RR1 to 3

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J.) The writ petitioner seeks removal of encroachment on Nedungulam Road in Survey No.490/1A, 490/2A and 490/3A of Periyakulathupatti Village.

2.The writ petitioner had given a representation in this regard. The second respondent had convened Peace Committee meeting in this regard. It was decided to remove the encroachment after due survey on 24.08.2015.

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3.The learned counsel for the writ petitioner relies on the communication dated 19.08.2015 sent by the third respondent herein to the Panchayat President. But, till date no action has been taken.

4.In these circumstances, this Court directs the second respondent to take action in accordance with law for removal of the encroachment in question after following the statutory procedure. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

5.This writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Virudhunagar District.

2.The Tahsildar, Sivakasi, Virudhunagar District.

3.The Block Development Officer, Sivakasi Panchayat Union,Sivakasi, Virudhunagar District. Skm / Arul MAS/SV-MMS/SAR1:14.09.2017:2P-4C W.P(MD)No.20253 of 2015 and M.P(MD)No.1 of 2015 24.08.2017 https://hcservices.ecourts.gov.in/hcservices/