Tamilselvam.P v. The Dist Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI P.Tamilselvam ... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Sub Collector, Sivakasi Division, Sivakasi, 3.The Tasildhar, Watrap Taluk, 4.Mariappan 5.P.Vijayakumar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made by respondents 4 and 5 in Survey No.1853/14 and 1853/15 in S.Ramachandrapuram Village, Sundrapandiam Revenue Village, Watrap Taluk, Virudhunagar District. For Petitioner : Mr.M.Karthikeyavenkitachalapathy For R1 - R3 : Mr.A.K.Manickam Standing Counsel for Government

O R D E R

************ [Order of the Court was made by T.S.SIVAGNANAM, J.] With the consent on either side, the Writ Petition itself is taken up for final disposal.

2.Heard Mr.M.Karthikeyavenkitachalapathy, learned Counsel appearing for the petitioner and Mr.A.K.Manickam, learned Standing Counsel for Government appearing for R1 to R3. 3.The petitioner has filed this Writ Petition seeking for a 1/3

direction upon the respondents 1 to 3 to remove the encroachment made by respondents 4 and 5 in Survey No.1853/14 and 1853/15 in S.Ramachandrapuram Village, Sundrapandiam Revenue Village, Watrap Taluk, Virudhunagar District.

4.Since we are disposing of this writ petition without notice to the fourth and fifth respondents, we are not issuing any positive direction.

5.The learned Government Counsel who has accepted notice for the respondents 1 to 3 submitted that already survey has been conducted and encroachments have been identified. 6.In the light of the said submission, we dispose of the writ petition, directing the third respondent to proceed in accordance with law, after issuing notice to the petitioner as well as the respondents 4 and 5, as expeditiously as possible. However, there shall be no order as to costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) a MR 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 District Collector, Virudhunagar District, Virudhunagar.

2.The Sub Collector, Sivakasi Division, Sivakasi, 2/3

3.The Tasildhar, Watrap Taluk, +1 CC to M/s.SPL GP ( SR-21221[F] dated 05/07/2021 ) 01.07.2021 KK(08.07.2021) 3P 5C 3/3