Muniyandi S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.05.2022

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA AND THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Muniyandi .. Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

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

3.The Tahsildar, Dindigul West Taluk, Dindigul District.

4.Mr.Natarajan .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents 1 to 3 herein to remove the encroachments made by the fourth respondent in the Odai situated in S.No.428 and restore the Odai at Palakanoothu Village, Dindigul West Taluk, Dindigul District within a time frame as stipulated by this Court. For Petitioner : Mr.S.Sarvagan Prabhu For R1 to R3 : Mr.D.Ghandiraj Spl.Govt. Pleader

O R D E R

[Order of the Court was made by T.RAJA,J.] This writ petition has been filed by the petitioner seeking direction to the respondents 1 to 3 herein to remove the encroachments made by the fourth respondent in the Odai situated in S.No.428 and restore the Odai at Palakanoothy Village, Dindigul West Taluk, Dindigul District within a time frame as fixed by this Court. 1/3

2.Though the petitioner has come forward with a larger prayer, it is now submitted by the learned counsel for the petitioner that the petitioner would be satisfied if a direction given to the respondents 1 to 3 to consider his representation, dated 21.04.2022.

3. When the matter is taken up for hearing, the learned Special Government Pleader appearing for the respondents 1 to 3 would submit that after giving notice to the fourth respondent, who is alleged to be an encroacher, action will be taken based on the representation given by the petitioner.

4.Recording the statement made by the learned Special Government Pleader, this Court directs the respondents 1 to 3 to consider representation of the petitioner, dated 21.04.2022 and pass orders on merits and in accordance with law, after giving notice to the fourth respondent before measuring and taking action, within a period of eight weeks from the date of receipt of a copy of this order.

5.With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) vji / am To 1.The District Collector, Dindigul District, Dindigul.

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

3.The Tahsildar, Dindigul West Taluk, Dindigul District.

+1 CC to M/s.S. SARVAGAN PRABHU, Advocate ( SR-23488[F] dated 06/05/2022 ) 2/3

+1 CC to M/s.SPL.GP ( SR-23578[F] dated 09/05/2022 ) W.P. (MD) No.9371 of 2022 Dated: 06.05.2022 RK(23/05/2022) 3P 6C 3/3