J.Shereen Banu v. The District Collector

W.P.(MD)No.14758 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI W.P.(MD)No.14758 of 2019 J.Shereen Banu : Petitioner Vs.

1.The District Collector, District Collectorate Office, Tirunelveli - 627 009.

2.The Tahsildar, Taluk Office, Tirunelveli - 627 001.

3.The Commissioner, Panchayat Union, Manur and Taluk, Tirunelveli District.

4.K.Mustani 5.Haji S.K.Asanmiran Sahib 6.A.Abdul Kabbar : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus directing the respondents 1 to 3 to remove the encroachment made in reserved public purpose area situated commonly in S.Nos.749/1, 2, 3 & 4 in an total extent of 2 acre 41 cents residential plots area as per the approved layout in M.P.No.7/84 in Suthamalli Village, Tirunelveli District and consequently, to take immediate legal action against the encroachers 4 to 6 and by considering the proceedings before the District Legal Service Authority, Tirunelveli, for the petitioner's representation dated 03.01.2019.

For Petitioner : M/s.P.Yasmin Begum For Respondents : Mr.K.Mu.Muthu, Additional Government Pleader for R.1 to R.3 Mr.B.N.Raja Mohammed for R.4 ***** https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.14758 of 2019

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The question of encroachment and the consequential action lies in the hands of the third respondent. In such view of the matter, the said respondent is called upon to pass orders on the representation of the petitioner and take appropriate action against the encroachers, including the private respondents herein, if it is found that they are encroachers, after affording an opportunity to the parties concerned, including the petitioner and the private respondents herein. Such an exercise will have to be concluded within a period of eight weeks from the date of receipt of a copy of this order.

2. With the above directions, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) gk To 1.The District Collector, District Collectorate Office, Tirunelveli - 627 009.

2.The Tahsildar, Taluk Office, Tirunelveli - 627 001.

3.The Commissioner, Panchayat Union, Manur and Taluk, Tirunelveli District.

1 CC to M/s.P.YASMIN BEGUM, Advocate ( SR-13042[F] dated 23/03/2021 ) W.P.(MD)No.14758 of 2019 22.03.2021 GS (22.04.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2