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Madras High CourtWP(MD)/1162/2019disposed of

S.K.Vaithiyalingam, v. The District Collector,

2025-06-24Honourable Mr Justice S.M. Subramaniam,Honourable Dr.Justice A.D.Maria Clete4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE S.K.Vaithiyalingam ... Petitioner Vs.

1.The District Collector, Tirunelveli, Tirunelveli District.

2.The Tahsildar, Kadayanallur Taluk, Kadayanallur.

3.The Executive Officer, Sambavarvadakarai Town Panchayat, Tirunelveli District.

4.The CSI Church, Rep., by its Secretary, East Car Street, Sambavarvadakarai, Tirunelveli District-627856.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made by the 4th respondent in Survey No.753/11, a public lane, of an extent of 1/4

0.00.5 ares in East Car Street, Sambavarvadakarai Town Panchayat, Tirunelveli District.

For Petitioner : No Appearance For R1 & R2 : Mr.P.Thilak Kumar, Government Pleader For R3 : Mr.M.Murugan For R4 : No Appearance

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) Today (24.06.2025), when the matter is taken up for hearing, the learned Government Pleader appearing for the respondents 1 and 2 would submit that the 4th respondent has encroached upon the public pathway and actions will be initiated to remove the encroachment.

2.Since the learned Government Pleader for the respondents 1 and 2 made a submission that the authorities competent will initiate action to remove the encroachment, the said action must be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order. It is needless to state that the procedures as contemplated under the relevant Act is to be followed while evicting the encroachers from the public properties. 2/4

3.With the above observation, this Writ Petition is disposed of. No costs (S.M.S., J.) & (A.D.M.C., J.) 24.06.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The District Collector, Tirunelveli, Tirunelveli District.

2.The Tahsildar, Kadayanallur Taluk, Kadayanallur.

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S.M.SUBRAMANIAM, J.

AND DR.A.D.MARIA CLETE, J.

Yuva 24.06.2025 4/4