Ramamoorthy K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD K.Ramamoorthy ... Petitioner -vs1.The District Collector Virudhunagar District Virudhunagar 2.The Tahsildar Virudhunagar Taluk Virudhunagar District 3.The Block Development Officer Virudhunagar Panchayat Union Virudhunagar District 4.The President Vatchakarapatti Village Panchayat Virudhunagar District 5.The Superintendent of Police Virudhunagar Virudhunagar District 6.The Inspector of Police Vatchakarapatti Police Station Virudhunagar District ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 3 to remove the encroachment made by the fourth respondent in the common pathway comprised in Survey No.156 at Vatchakarapatti Village, Virudhunagar Taluk & District, by considering the petitioner's representations dated 13.05.2019, 13.12.2021, 02.05.2022 and 03.05.2022.

For Petitioner :

Mr.T.Lenin Kumar For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R4 Mr.T.Senthil Kumar Additional Public Prosecutor for R5 & R6

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] The prayer in this writ petition is for issuance of a writ of mandamus directing the respondents 1 to 3 to remove the encroachment made by the fourth respondent in the common pathway in Survey No.156 of Vatchakarapatti Village, Virudhunagar Taluk & District, based on the petitioner's representations dated 13.05.2019, 13.12.2021, 02.05.2022 and 03.05.2022.

2. Today, when the matter was taken up for hearing, the learned Government Pleader appearing for the respondents 1 to 4, on instructions, submitted that there are some encroachments, as projected by the petitioner, in the subject pathway and the same would be removed, by due process of law, within a period of twelve weeks.

3. Recording the above submission of the learned Government Pleader, the authority concerned is directed to remove the encroachments made in the subject pathway, after giving due notice and sufficient opportunity to all the parties concerned and by following due process of law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

4. With the above direction, this writ petition is disposed of. No costs.

[R.M.D., J.] [J.S.N.P., J.] 14.11.2022 Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Tahsildar, Virudhunagar Taluk, Virudhunagar District.

3.The Block Development Officer, Virudhunagar Panchayat Union, Virudhunagar District.

4.The President, Vatchakarapatti Village Panchayat, Virudhunagar District.

5.The Superintendent of Police, Virudhunagar, Virudhunagar District.

6.The Inspector of Police, Vatchakarapatti Police Station, Virudhunagar District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk 14.11.2022