K.Subramania Aachari v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.[MD].No.16830 of 2018 K.Subramania Aachari : Petitioner Vs.

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

2.The Tahsildar, Musiri Taluk, Trichy District.

3.The Block Development Officer, Thathaigangai Pettai, Union Office, Musiri Taluk, Tiruchirappalli District.

4.K.Devanathan : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the third respondent to remove the encroachment made in Survey No.511/3 to an extent of 0.19.00 ares, classified as a street in the revenue records in pursuance of the direction issued by the second respondent regarding the removable of encroachment by his proceedings dated 30.05.2018, vide O.Mu.No.2606/2018(A1).

For petitioner : Mr.Babu.Rajendran For respondents 1&2 : Mr.A.K.Baskarapandian Special Government Pleader For Respondent No.3 : Mr.D.Muruganantham Additional Government Pleader

O R D E R

*********** [Order of the Court was made by M.M.SUNDRESH, J.] The petitioner has come forward to file this Writ Petition seeking a Writ of Mandamus, directing the third respondent to remove the encroachment made in Survey No.511/3 to an extent of 0.19.00

ares, classified as a street in the revenue records in pursuance of the direction issued by the second respondent regarding the removable of encroachment by his proceedings dated 30.05.2018, vide O.Mu.No.2606/2018(A1).

2. Despite service of notice and private notice, none appears on behalf of the fourth respondent.

3. Today, when the Writ Petition is taken up for hearing, it is reported by the learned counsel appearing for the petitioner that notwithstanding the fact that a communication was addressed by the second respondent dated 30.05.2012 to the third respondent, no fruitful steps have been taken.

4. The learned Additional Government Pleader appearing for the third respondent would submit that the needful will be done, pursuant to the communication dated 30.05.2018.

5. Considering the above, we direct the third respondent to see to it that the encroachment made by the fourth respondent is removed, after following the due process of law, which is inclusive of an opportunity of hearing to the fourth respondent, within a period of eight weeks from the date of receipt of a copy of this order.

6. The Writ Petition is disposed of, on the above terms. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS-I) To 1.The District Collector, Office of the District Collector, Tiruchirappalli District, Tiruchirappalli.

2.The Tahsildar, Musiri Taluk, Trichy District.

3.The Block Development Officer, Thathaigangai Pettai, Union Office, Musiri Taluk, Tiruchirappalli District.

+1 CC To MR.BABU.RAJENDRAN, Advocate SR. NO. 89346 ORDER MADE IN W.P.[MD].No.16830 of 2018 08.10.2018 NB TR/RP/SAR-I(08.11.2018)3P 5C