Mangalanathan.M.P v. The Dist Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2021

CORAM:

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

1.The District Collector, O/o. The District Collector, Ramanathapuram District.

2.District Revenue Officer, Mandapam Road, Ramanathapuram - 623 503.

3.Revenue Divisional Officer, Collector Office Campus, Ramanathapuram.

4.The Tahsildar, Kilakari, Ramanathapuram - 623 517, Ramanathapuram District.

5.Assistant Director, District Survey Office, Collectorate, Ramanathapuram - 623 503.

6.M.Srinivasan 7.U.Sanmugavelu ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachment made by the 6th and 7th respondents in Pechiyamman Temple situated in Survey No.336 and sourthern side of Mangamal Salai in the survey Nos. from 345 to 342333, 334 ithampadal village, Kadaladi Taluk, Ramanathapuram District in the light of the petitioner's representation dated 05.04.2021. For Petitioner : Mr.K.Neelamegam For Respondents 1 to 5 : Mr.R.Baskaran Standing Counsel for Government 1/3

O R D E R

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

2.We have heard Mr.K.Neelamegam, learned Counsel appearing for the petitioner and Mr.R.Baskaran, learned Standing Counsel for Government appearing for the respondents 1 to 5. 3.Since we are inclined to dispose of this Writ Petition without notice to the respondents 6 and 7, we are not issuing any positive direction.

4.The petitioner's representation dated 14.12.2020 has evolved some response and the office of the District Collector has forwarded the representation to the Tahsildar, Kilakarai, by memo dated 19.01.2021. The petitioner would submit that in spite of such direction, no action has been initiated by the fourth respondent. 5.Probably, due to the pandemic situation, the authorities are unable to take any action on the petitioner's representation. Therefore, we grant twelve [12] weeks time from the date of receipt of a copy of this order to take action on the petitioner's representation, after notice to the petitioner as well as the respondents 6 and 7, who are alleged to be encroachers. After considering the submissions made by the parties, appropriate action be initiated in accordance with law.

6.Accordingly, the Writ Petition stands disposed of. However, there shall be no order as to costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.

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To 1.The District Collector, O/o. The District Collector, Ramanathapuram District.

2.The District Revenue Officer, Mandapam Road, Ramanathapuram - 623 503.

3.The Revenue Divisional Officer, Collector Office Campus, Ramanathapuram.

4.The Tahsildar, Kilakari, Ramanathapuram - 623 517, Ramanathapuram District.

5.The Assistant Director, District Survey Office, Collectorate, Ramanathapuram - 623 503.

+1 CC to M/s.K.NEELAMEGAM, Advocate ( SR-21401[F] dated 06/07/2021 ) 02.07.2021 lr (13.07.2021) 3P 7C 3/3