I.Devaram Justin, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.9315 of 2014 I.Devaram Justin : Petitioner Vs.

1. The District Collector, Kanyakumari District, Nagercoil-629 001.

2. The Revenue Divisional Officer, Nagercoil-629 001, Kanyakumari District.

3. The Deputy Director, Health Services, Nagercoil, Kanyakumari District.

4. The President, Melasankarankuzhi First Grade, Village Panchayat, Melasankarankuzhi, Santhapuram Post-629 001, Kanyakumari District.

5. V.Asir Victor Singh,

6. I.Johnrose(Died)

7. E.Robin Selvaraj

8. C.Samuel Kumar

9. The Tahsildar, Agasteeswaram Taluk, Kanyakumari District.

: Respondents (Respondent No.9 is suo motu impleaded as per order of this Court dated 04.09.2017 in W.P.(MD).No.9315 of 2014) PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents one and two to take appropriate action to remove the encroachments made by the respondents five to eight in Re-Survey No.191/7, 249/2 and 345/2 of Vembanoor West Village, Agasteeswaram Taluk, Kanyakumari District, by considering the petitioner's representation dated 09.12.2013.

For Petitioner : Mr.M.Dennis Joe For R.1 to R.3, R.9 : Mr.M.Govindan Special Government Pleader For Respondent No.4 : Mr.M.Rajarajan For Respondent No.6 : Mr.S.Meenakshi Sundar For Respondent No.7 : Mr.T.Cibi Chakraborthy For R.5 & R.8 : No Appearance ***************

O R D E R

*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioner seeks a direction for removal of the encroachments made by the respondents 5 to 8 in Re.Survey No.191/7, 249/2 and 345/2 of Vembanoor West Village, Agasteeswaram Taluk, Kanyakumari District.

He has already given a representation dated 09.12.2013 in this regard. 2.When the matter was taken up for final disposal, the learned Counsel appearing for the seventh respondent submitted that the seventh respondent has not committed any encroachment. It appears that the sixth respondent is no more. The authority competent to remove the encroachments in question is Tahsildar, Agasteeswaram Taluk, Kanyakumari District. He is impleaded suo motu as the ninth respondent. The ninth respondent shall conduct fresh survey in respect of the land in question. If encroachment is noticed, the ninth respondent shall issue notices to the concerned parties and after following due process of law remove the encroachments in question. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order.

3.With these observations, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Kanyakumari District, Nagercoil-629 001.

2. The Revenue Divisional Officer, Nagercoil-629 001, Kanyakumari District.

3. The Deputy Director, Health Services, Nagercoil, Kanyakumari District.

4. The President, Melasankarankuzhi First Grade, Village Panchayat, Melasankarankuzhi, Santhapuram Post-629 001, Kanyakumari District.

5. The Tahsildar, Agastheeswaram Taluk, Kanyakumari District.

+1cc to Mr.T.Cibi Chakraborthy, Advocate Sr.No.76485 +1cc to Mr.M.Dennis Joe, Advocate Sr.No.76420 +1cc to The Spl.Government Pleader Sr.No.76961 TSG VB/SKN/RSK/SAR1/25/10/2017/3P/9C Order made in W.P.(MD)No.9315 of 2014 dated: 04.09.2017