S.Ramar, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD S.Ramar ... Petitioner vs.

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Revenue Divisional Officer, Sattur, Virudhunagar District.

3. The Tahsildar, Sattur, Virudhunagar District.

4. Pakialakshmi

5. C.Bose

6. C.Ponraj

7. C.Subbaiah 1/5

8. S.Ganesan

9. C.Shanmugaiah ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachments made by the respondents 4 to 9 in the properties in Survey No.524, Melamadai Village, Sattur Taluk, Virudhunagar District, within the time stipulated by this Court.

For Petitioner : Mr.M.Kannan For R1 to R3 : Mr.P.Thilakkumar Government Pleader For R4 to R7 & R9 : Mr.A.K.Manickam

ORDER

(Order of the Court was made by R.MAHADEVAN, J.) The prayer in the writ petition is for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachments made by the respondents 4 to 9 in the properties in Survey No.524, Melamadai Village, Sattur Taluk, Virudhunagar District, within the time stipulated by this Court. 2/5

2.

It is seen from the records that eviction notices dated 02.01.2018 have been issued to the petitioner and the private respondents and the respondents 5 to 9 have challenged the same in W.P(MD)No.2831 of 2018 and this Court by order dated 13.02.2018 directed the respondents 5 to 9 herein to file appeal against the eviction notices dated 02.01.2018 within a period of 30 days. According to the petitioner, such appeal is not filed by the respondents 5 to 9 till date.

3.

Therefore, the authorities concerned are directed to proceed with removal of encroachment Survey No.524, Melamadai Village, Sattur Taluk, Virudhunagar District, which has been classified as cart track, after affording sufficient opportunity to all the parties concerned and by following due process of law. Such an exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

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4.

With the above direction, the Writ Petition is disposed of. No costs.

[R.M.D.,J.] & [J.S.N.P.,J.] Index : Yes / No 18.11.2022 Internet : Yes bala To

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Revenue Divisional Officer, Sattur, Virudhunagar District.

3. The Tahsildar, Sattur, Virudhunagar District.

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R.MAHADEVAN ,J.

and J.SATHYA NARAYANA PRASAD,J.

bala ORDER MADE IN DATED : 18.11.2022 5/5