Chellamani Iyangar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 25.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.4324 of 2014 Chellamani Iyangar ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

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

3.The Tahsildar, Thirupuvanam Taluk, Thirupuvanam, Sivagangai District.

4.The Inspector of Police, Thiruppachethi Police Station, Sivagangai District.

5.Senthil ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to remove the unauthorised construction, constructing by the fifth respondent in front of southern side gate of Shri.Malai Mandala Srinivasa Perumal Temple, Thiruppachethi, Thirupuvanam Taluk, Sivagangai District.

For Petitioner : Mr.R.Murugappan For Respondents : Mr.T.S.Md.Mohideen, AGP for RR1 to 4 Mr.S.M.Mohan Gandhi for R5

O R D E R

(Order of the Court was made by K.K.SASIDHARAN , J.) The petitioner filed this writ petition to direct the respondents 1 to 4 to remove the encroachment stated to have been caused by the fifth respondent in respect of a land in front of Shri.Malai Mandala Srinivasa Perumal Temple, Thiruppachethi, https://hcservices.ecourts.gov.in/hcservices/

Thirupuvanam Taluk, Sivagangai District.

2.We direct the third respondent to consider and dispose of the representation submitted by the petitioner dated 07 November 2013 on merits and as per law, after issuing notice to the fifth respondent,. Notice to the fifth respondent is absolutely necessary in view of the submission made on behalf of the said respondent that the Government have given patta to him in respect of the property in question. Such exercise shall be completed within a period three months from the date of receipt of a copy of this order. 3.We direct the petitioner to forward a copy of the respresentation dated 07 November 2013 along with a copy of this order so as to enable the third respondent to decide the matter as expeditiously as possible.

4.The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(AE) / True Copy / Sub Assistant Registrar(C.S.) To 1.The District Collector, Sivagangai District,Sivagangai.

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

3.The Tahsildar, Thirupuvanam Taluk, Thirupuvanam,Sivagangai District.

4.The Inspector of Police, Thiruppachethi Police Station,Sivagangai District. +1cc to M/S.R.MURUGAPPAN, Advocate SR.No.67545 +1cc to M/S.S.M.MOHAN GANDHI, Advocate SR.No.67735 +1cc to Special Government Pleader, SR.No.68396 Skm / Arul MAS/KK/SAR2:10.08.2017:2P-8C W.P(MD)No.4324 of 2014 25.07.2017 https://hcservices.ecourts.gov.in/hcservices/