Arulananthu v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2021
CORAM
THE HONOURABLE MR.JUSTICE T. S. SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI Arulananthu ... Petitioner Vs.
1.The Secretary to Government, (Rural Department and Panchayat Raj Department), Chief Minister Cell, St. George Fort, Chennai - 600 009.
2.The District Collector, Collectorate, Ramanathapuram, 3.The Director/Commissionerate, Municipalities and Panchayat Administration, 11th Floor, Urban Administrative Buildings, (Opp. CIBA BUILDING), No.75, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.
4.The Assistant Director, Administration of Town Panchayat & Union Offices, Sivagangai Sivagangai District.
5.The Tahsildar, Taluk Office, Thiruvadanai, 6.The Block Development Officer, Block Development Office, Thiruvadanai, 1/4
7.The Panchayat President, Kookudi Panchayat Office, Koodudi Village, Thiruvadanai Taluk, 8.The Panchayat Clerk, Kookudi Panchayat Office, Kookudi Village, Thiruvadanai Taluk, 9.Arockiyadoss @ Jeyamadavan 10.Vedamuthu 11.Arockiyasamy 12.Bilomeenal ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the Respondents 2 to 7 herein to remove the unauthorized construction made by the Respondents 9 to 12 in Survey Nos.31/3A, 31/20, 31/3B, 31/4B and 31/8 at Adi Dravider Keel Kudiyiruppu, Nedumaram Village, Thiruvadanai Taluk, Ramanathapuram District in the light of the petitioner representations dated 03.03.2021 and 08.06.2021 respectively within a stipulated time fixed by this Hon'ble Court.
For Petitioner : Mr.S.Muthukumar For Respondents : Mr.R.Gandhi Raj Standing Counsel for Government for R1 to R8
ORDER
(Order of the Court was made by T. S. SIVAGNANAM, J.) The petitioner seeks for a direction to respondent Nos.2 to 7 herein to remove the unauthorized construction made by respondent Nos.9 to 12 in Survey Nos.31/3A, 31/20, 31/3B, 31/4B and 31/8 at Adi Dravider Keel Kudiyiruppu, Nedumaram Village, Thiruvadanai Taluk, Ramanathapuram District in the light of his representations dated 03.03.2021 and 08.06.2021 within a time frame.
2.Heard Mr.S.Muthukumar, learned counsel for the petitioner and Mr.R.Gandhi Raj, learned Standing Counsel for Government appearing for respondent Nos.1 to 8. In view of the order we propose to pass in this Writ Petition, notice to respondent Nos.9 to 12 is dispensed with.
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3.Learned counsel for the petitioner submits that there is an encroachment, which is by way of an unauthorized construction. 4.Learned Standing Counsel appearing for respondent Nos.1 to 8 on instructions submitted that there was initially a fence and action was initiated for removal of the same and thereafter a Peace Committee was conducted on 05.05.2021 and the removal of the encroachment has been recorded and inspite of that, the Writ Petition has been filed.
5.Learned counsel for the petitioner submitted that still there is encroachment and the encroachment on the other side of the channel alone has been removed.
6.As the authorities have initiated action, we direct the authorities concerned to remove all encroachments in accordance with law, if not already cleared and the entire exercise be completed within a period of eight weeks from the date of receipt of a copy of this order.
7.The Writ Petition stands disposed of with the above direction. No costs.
Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) sj Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Secretary to Government, (Rural Department and Panchayat Raj Department), Chief Minister Cell, St. George Fort, Chennai - 600 009.
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2.The District Collector, Collectorate, Ramanathapuram, 3.The Director/Commissionerate, Municipalities and Panchayat Administration, 11th Floor, Urban Administrative Buildings, (Opp. CIBA BUILDING), No.75, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.
4.The Assistant Director, Administration of Town Panchayat & Union Offices, Sivagangai Sivagangai District.
5.The Tahsildar, Taluk Office, Thiruvadanai, 6.The Block Development Officer, Block Development Office, Thiruvadanai, 7.The Panchayat President, Kookudi Panchayat Office, Koodudi Village, Thiruvadanai Taluk, 8.The Panchayat Clerk, Kookudi Panchayat Office, Kookudi Village, Thiruvadanai Taluk, +1 CC to SPL GP ( SR-19898,20038[F] dated 22/06/2021 ) +1 CC to Mr.S.MUTHUKUMAR, Advocate ( SR-19842[F] dated 22/06/2021 ) 21.06.2021 KM(29.06.2021) 4P 11C 4/4