Madras High CourtWP(MD)/8707/2014disposed of

P.Veerasingam, v. The District Collector,

2017-08-10Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) No.8707 of 2014 and W.M.P.(MD)No.5377 of 2017 P.Veerasingam ... Petitioner -vs1.The District Collector, Sivagangai District.

Sivagangai.

2.The Tahsildar, Ilyankudi Taluk, Sivagangai District.

3.The Block Development Officer, Ilyankudi Union, Sivagangai District.

4.The Panchayat President, Akkavayal Village Panchayat, Ilyankudi Taluk, Sivagangai District.

5.Boopathy 6.Nalayini ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to take action to remove the encroachments made by the 5th and 6th respondents in S.No.264/16 and 264/3 situate at Nanamadai Village, Akkavayal Group, Sooraanm Via, Ilayankudi Taluk, Sivagangai District by considering the petitioner representation dated 22.04.2013, 26.06.2013 and 02.01.2014.

For Petitioner : Mr.V.Panneer Selvam For R1 & R2 : Mr.M.Govindan, Special Government Pleader.

For R3 : No Appearance.

For R4 : Mr.M.Murugan For R5 & R6 : Mr.S.Anwar Sameem for Mr.T.Antony Arul Raj *** https://hcservices.ecourts.gov.in/hcservices/

O R D E R

*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioner seeks removal of the encroachments allegedly made by the respondents No.5 and 6 in Survey No. 264/16 and 264/3 situated at Nanamadai Village, Akkavayal Group, Sooraanm Via, Ilayankudi Taluk, Sivagangai District.

2. The petitioner had given several representations in this regard. But no action was taken. Hence, this writ petition has been filed.

3. We direct the second respondent to enquire into the matter and take action in accordance with law within a period of three months from the date of receipt of a copy of this order. The second respondent will have to see as to whether the property in question is a public property or a private one. If it is not a public property, then, the direction given in this proceedings will not authorise the second respondent to take action.

4. The writ petition is disposed of with the above directions. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To:

1.The District Collector, Sivagangai District.

Sivagangai.

2.The Tahsildar, Ilyankudi Taluk, Sivagangai District.

+1cc to Mr.T.ANTONY ARUL RAJ Advocate in SR. No. 71890 +1cc to Mr.V.PANNEER SELVAM Advocate in SR. No. 72271 KM/DSS JS/JC/SAR.4/19.09.2017/2P-5C ORDER MADE IN W.P.(MD) No.8707 of 2014 10.08.2017 https://hcservices.ecourts.gov.in/hcservices/