Tmt.Swarnaraji, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY and THE HONOURABLE MR.JUSTICE T.RAVINDRAN W.P.(MD) Nos.12904 & 23468 of 2019 Swarnaraji ... Petitioner -vs1.The District Collector Office of the District Collector Madurai 2.Block Development Officer Thirupparamkundram Village Panchayat Madurai 3.The Tahsildar Thirupparamkundram Taluk Office Thirupparamkundram, Madurai 4.The Inspector of Police Astinpatti Police Station Madurai District 5.V.Kasirajan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 4 herein to forthwith remove the illegal encroachments put up by the 5th respondent in the public pathway of 10 sq.ft. breadth and 300 sq.ft. Length, situated in between S.Nos.166/12A1 and 166/12B1 and that of S.Nos.170/5B and 170/6 situated at Tanakankulam Village, Thirupparankundram Taluk, Madurai District, on the basis of the petitioner's representation dated 03.04.2019. 1/4

For Petitioner : Mr.K.Neelamegam For Respondents : Mr.J.Gunaseelan Muthiah Additional Government Pleader for R1, R3 & R4 Mr.Karuppasamy Pandian Government Advocate for R2 Mr.V.Sasikumar for R5 W.P.(MD) No.23468 of 2019:

V.Kasirajan ... Petitioner -vs1.The District Collector Madurai District Madurai 2.The Block Development Officer Thirupparankundram Panchayat Union Madurai 3.The Tahsildar Madurai South Taluk Madurai 4.The Executive Officer Thanakkankulam Panchayat Madurai District 5.Saroja 6.Sivalingam 7.Meera Vedanayagam 8.Sornaraj ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 4 to remove the encroachments made by the respondents 5 to 8 in Survey Nos.166 and 170 of Thanakkankulam Village, Madurai South Taluk, Madurai District (20 ft. South-North Street). 2/4

For Petitioner : Mr.V.Sasikumar For Respondents : Mr.J.Gunaseelan Muthiah Additional Government Pleader for R1, R3 & R4 Mr.Karuppasamy Pandian Government Advocate for R2 Mr.K.Neelamegam for R6 to R8 C O M M O N O R D E R [Order of the Court was made by M.DURAISWAMY, J.] The petitioner in W.P.(MD) No.12904 of 2019 has filed the above writ petition to issue a writ of mandamus directing the respondents 1 to 4 to forthwith remove the illegal encroachments put up by the fifth respondent in the public pathway of 10 sq.ft. breadth and 300 sq.ft. length, situated in between Survey Nos.166/12A1 and 166/12B1 and Survey Nos.170/5B and 170/6, at Tanakankulam Village, Thirupparankundram Taluk, Madurai District, on the basis of her representation dated 03.04.2019.

2. Similarly, the petitioner in W.P.(MD) No.23468 of 2019 has filed the above writ petition to issue a writ of mandamus directing the respondents 1 to 4 to remove the encroachments made by the respondents 5 to 8 in Survey Nos.166 and 170 of Thanakkankulam Village, Madurai-South Taluk, Madurai District (20 ft. South-North Street).

3. From the pleadings, it is clear that the petitioners in both the writ petitions are contending that the other party has encroached the lands in dispute.

4. The learned Government Advocate appearing for the second respondent / Block Development Officer submitted that since both the writ petitioners are contending that the other party has encroached the lands in dispute, the second respondent would take action against all the encroachers for the removal of the encroachments in the subject lands in accordance with law, within a period of three months from the date of receipt of a copy of this order.

5. The learned counsel appearing for the writ petitioners submitted that both the writ petitions may be disposed of recording the submissions made by the learned Government Advocate appearing for the second respondent.

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6. Recording the submissions made by the learned Government Advocate appearing for the second respondent, both the writ petitions are disposed of. No costs.

Sd/- Assistant Registrar (Crl Side) // True Copy // / /2020 Sub Assistant Registrar(CS) krk To:

1.The District Collector, Office of the District Collector, Madurai.

2.The Block Development Officer, Thirupparamkundram Village Panchayat, Madurai.

3.The Tahsildar, Thirupparamkundram Taluk Office, Thirupparamkundram, Madurai.

4.The Tahsildar, Madurai South Taluk, Madurai.

5.The Inspector of Police, Astinpatti Police Station, Madurai District.

6.The Executive Officer, Thanakkankulam Panchayat, Madurai District.

W.P.(MD) Nos.12904 & 23468 of 2019 21.01.2020 KK/SAR/03.02.2020/4P-7C/ 4/4