Boominathan.P v. The Dist Collector
W.P.(MD) No.11167 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2021 CORAM :
THE HONOURABLE MR.JUSTICE T. S. SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD) No.11167 of 2021 P.Boominathan ... Petitioner Vs 1.The District Collector, Office of the District Collector, Ramanathapuram District.
2.The Tahsildar, Office of the Tahsildar, Paramakudi Taluk, Ramanathapuram District.
3.The Block Development Officer, Paramakudi Panchayat Union, Paramakudi, Ramanathapuram District.
4.N.Raj ... Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus, to direct the respondents 1 to 3 to remove the encroachments made by the 4th respondent in the public street, situated at Tholur Village, Vilathur Post, Paramakudi Taluk, Ramanathapuram District by considering petitioner's representation dated 16.03.2021 within the time stipulated by this Hon'ble Court.
For Petitioner : Mr.G.Thalaimutharasu For respondents : Mr.A.K.Manickam Standing Counsel for Government for R1 and R2 Mr.S.Ragavendiran Standing Counsel for R3
O R D E R
[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.G.Thalaimutharasu, learned counsel appearing for the petitioner, Mr.A.K.Manickam, learned Standing Counsel for Government, appearing for the respondent Nos.1 and 2 and Mr.S.Ragavendiran, learned counsel for respondent No.3. 2.This Writ Petition has been filed seeking for a direction upon respondent Nos.1 to 3 to remove the encroachments made by the 4th respondent in the public street, situated at Tholur Village, Vilathur Post, Paramakudi Taluk, Ramanathapuram District by https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD) No.11167 of 2021 considering petitioner's representation dated 16.03.2021 within a time frame.
3.Since we are disposing of the Writ Petition at the admission stage, we are not inclined to issue any positive direction. However, we note that already the Tahsildar, Paramakudi Taluk has sent communication dated 02.03.2021, to the petitioner stating that appropriate action will be taken for removing the encroachment by conducting survey, if required. However, due to pandemic situation, the authorities have not taken any action.
4.In any event, the complaint of the petitioner is receiving consideration. Hence, we direct the respondents to take appropriate action on the complaint of the petitioner in accordance with law as expeditiously as possible, necessarily within 12 weeks from the date of receipt of a copy of this order, after issuing notice to the fourth respondent.
5.The Writ Petition stands disposed of with the above direction. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) sj 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, Office of the District Collector, Ramanathapuram District.
2.The Tahsildar, Office of the Tahsildar, Paramakudi Taluk, Ramanathapuram District.
+1 CC to M/s.SPL GP ( SR-21705[F] dated 08/07/2021 ) W.P.(MD) No.11167 of 2021 06.07.2021 RK (15.07.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2