Karuppuchamy v. The District Collector / The Chair Person
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY Karuppuchamy ... Petitioner vs.
1.The District Collector/The Chair Person, District Monitoring Committee, Dindigul District. 2.The Revenue Divisional Officer, Palani, Dindigul District.
3.The Tahsildar, PalaniTaluk, Dindigul District.
4.The President, Amarapoondi Village Panchayat, Palani Taluk, Dindigul District.
5.Selvaraj 6.Chinnadurai 7.Senthilvadivu 8.Ramachandran 9.Vijayaraj 10.Kanagaraj 11.Kavinprabhu 12.Ramakannu ... Respondents 1/5
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 3 and 4 to remove the encroachment made in the cart track running through the Survey Nos.55 and 56 situated at Pallikoodathan Valasu Village, Palani Taluk, Dindigul District on the basis of the proceedings of the second respondent in Na.Ka.No. 3100/22/Aa1 dated 02.09.2023 and the proceedings of the first respondent in Na.Ka.No.1506275/2023/D2 dated 28.11.2023 within a time frame. For Petitioner : Mr.D.Venkatesh For RR 1 to 3 : Mr.S.Sajibino Special Government Pleader For R - 4 : Mr.N.Satheesh Kumar Additional Government Pleader
ORDER
(Order of the Court was made by J. NISHA BANU, J.) It is the grievance of the petitioner that his representation dated 25.08.2023, to remove the encroachment made in the cart track running through Survey Nos.55 and 56 situated at Pallikoodathan Valasu Village, Palani Taluk, Dindigul District and the proceedings of the second respondent, dated 02.09.2023 and the proceedings of the first respondent, dated 28.11.2023, is kept pending till 2/5
date without any progress. Therefore, he has filed this Writ Petition with the aforesaid prayer.
2.The learned Special Government Pleader appearing for the respondents 1 to 3 and Mr.N.Satheesh Kumar, learned Additional Government Pleader appearing for the fourth respondent would submit that already survey has been conducted in the presence of the petitioner and the encroachers and the encroachment has been identified and appropriate orders would be passed on its own merits within a period that may be stipulated by this Court. 3.In view of the above, we direct the respondents 1 to 4 to remove the encroachments made in the property in question, after giving sufficient opportunity of hearing to the petitioner and the respondents 5 and 12 and bring the same to its logical end and pass appropriate orders on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order.
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4.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
[J.N.B.,J.] & [S.S.Y.,J.] 20.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps To 1.The District Collector/The Chair Person, District Monitoring Committee, Dindigul District. 2.The Revenue Divisional Officer, Palani, Dindigul District.
3.The Tahsildar, PalaniTaluk, Dindigul District.
4.The President, Amarapoondi Village Panchayat, Palani Taluk, Dindigul District.
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J.NISHA BANU , J.
and S.SRIMATHY, J.
ps ORDER MADE IN DATED : 20.03.2025 5/5