Madras High CourtWP(MD)/5269/2014disposed of

S.Subba Pillai, v. The District Collector,

2017-07-25Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

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.5269 of 2014 S.Subba Pillai ... Petitioner Vs.

1. The District Collector, Theni District.

2. The Assistant Electrical Engineer, Tamilnadu Electricity Board, Thamaraikulam, Periyakulam Taluk, Theni District.

3. The Executive Engineer, Tamilnadu Electricity Board, Periyakulam Distribution Circle, Theni.

4. The President, Vadugapatti Town Panchayat, Theni District.

5.G.Muthuirulappa Pillai ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, direct the Respondents 1 to 4 to take appropriate action to remove the encroachments made by the 5th Respondent in the site which is earmarked for public purpose in V.O.C. Nagar comprised in S.No.1039/2 part in Melmangalam Village Vadugapatti in Periyakulam Taluk in Theni district and restore the same for the public purpose within a time to be fixed by this Court. For Petitioner : Mr.R.Suriyanarayanan For Respondents : Mr.T.S.Md.Mohideen, AGP for R1 Mrs.S.Srimathy for Mr.S.M.S.Johny Basha for RR2 and 3 Mr.K.Appadurai for R4 Mr.C.Masilamani for R5 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J.) The petitioner's grievance in this writ petition is that the site earmarked for public purpose in V.O.C. Nagar comprised in S.No.1039/2 part in Melmangalam Village, Vadugapatti in Periyakulam Taluk in Theni district was encroached upon by the fifth respondent promoter himself.

2.The learned counsel for the fifth respondent stated that the fifth respondent is no more.

3.The learned Additional Government Pleader would state that the competent authority to remove the encroachment is the jurisdictional Tahsildar. The said authority is not a party to the writ petition.

4.We therefore direct the petitioner to submit a comprehensive representation to the competent authority for removal of the encroachment in question. The competent authority, on receipt of such representation, shall take action for removal of the encroachment after due notice to the interested parties. Such exercise shall be completed within a period of three months from the date of receipt of representation.

5.The writ petitiion is disposed of with the above direction. No costs.

Sd/- Assdistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To The District Collector, Theni District.

+1cc to Mr. K.Appadurai , Advocate Sr.No.67471 +1cc to The Spl.Government Pleader SR.no.68406 +1cc to Mr.R.Suriyanarayanan, Advocate SR.No.67570 +1cc to Mr.C.Masilamani, Advocate Sr.No.67857 SKM/ARUL VB/MR/KKR/SAR1/03.08.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/ W.P(MD)No.5269 of 2014 25.07.2017