K.Jayaraman, S/O. Ram Karuppan v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.[MD].No.8352 of 2014 and M.P(MD)No. 2 of 2014 1.K.Jayaramanan 2.Mrs.J.Tamilselvi : Petitioners Vs.
1. The District Collector,
2. The Revenue Divisional Officer, Aranthangi,
3. The Tahsildar, Aranthangi Taluk,
4. The Inspector of Police, Aranthangi Police Station,
5. The Mukkudi Panchayat, Represented by its President, Aranthangi Taluk,
6. R.Arumugam
7. C.Udayappan : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 5 herein to prevent the sixth and seventh respondents from causing conversion/obliteration of the 20x200 feet public road existing on the eastern side of Survey Number 217/4D in Mukkudi Village, Uzhavar Sandai, Aranthangi, Pudukottai District and to consequently take appropriate penal and take action against the sixth and seventh respondents. For Petitioners : Mr.V.Karthikeyan.
For Respondents 1 & 4 : Mr.M.Govindan, Special Government Pleader.
For Respondent No.5 : No Appearance.
For Respondent No.6 : Mr.S.C.Herold Singh.
For Respondent No.7 : M.Suresh.
O R D E R
[Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this Writ Petition for a direction to the third respondent to remove the encroachment said to have been caused by the respondents 6 and 7 in respect of the public road bearing Survey Number 217/4D in Mukkudi Village, Uzhavar Sandai, Aranthangi, Pudukottai District.
2. The learned counsel for the respondents 6 and 7 submitted that the concerned respondents are in possession of the property in Survey No.217/4D and they have no claim in respect of the land in Survey No.217/4D.
3. The Tahsildar, third respondent herein is directed to consider and dispose of the representation submitted by the petitioner dated 08 May, 2014, on merits and as per law, after issuing notice to the alleged encroachers. Such exercise shall be completed, within a period of three months from the date of receipt of a copy of this order.
4. The petitioner is directed to forward a copy of the representation dated 08 May, 2014, along with a copy of this order, so as to enable the third respondent to consider and dispose of the matter, as expeditiously as possible.
5. The Writ Petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To
1. The District Collector,
2. The Revenue Divisional Officer, Aranthangi,
3. The Tahsildar, Aranthangi Taluk,
4. The Inspector of Police, Aranthangi Police Station, +1cc to M/S. S.C.HEROLD SINGH, Advocate, SR.No.68078. +1cc to M/S. V.PERUMAL, Advocate, SR.No.68066. Order made in W.P.[MD].No.8352 of 2014 26.07.2017 AR/MYR SDS/JC/SAR 1/07.08.2017/3P/7C