← Library
Madras High CourtWP(MD)/12818/2021disposed of

Pandikannan.A v. The District Collector

2021-07-28Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.P.[MD]No.12818 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.[MD]No.12818 of 2021 A.Pandikannan ... Petitioner Vs.

1. The District Collector, Sivagangai District, Sivagangai.

2. The Revenue Divisional Officer, Sivagangai Revenue Divisional, Sivagangai District.

3. The Tahsildar, Kalaiyarkovil Taluk, Sivagangai District.

4. Annadurai ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents No.1 to 3 herein to remove the encroachment made by the 4th respondent in Survey No.266/1 to an extent of 1.16.5 hectare and 266/5 to an extent of 0.14.0 hectare classified as Mayanam (Burial Ground) situated at Paulkulam - Maravamangalam Village, Kalaiyarkovil Taluk, Sivagangai District within stipulated time fix by this Hon'ble High Court and to consider the petitioner's representation dated 06.07.2021 and to take necessary action. For Petitioner : Mr.M.Prabu For Respondents 1 to 3 : Mr.A.K.Manikkam Standing Counsel for Government

O R D E R

************ [Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.M.Prabhu, learned Counsel appearing for the petitioner and Mr.A.K.Manikkam, learned Standing Counsel for Government appearing for the respondents 1 to 3.

2.The petitioner seeks for a direction upon the respondents 1 to 3 to remove the encroachment made by the 4th respondent in Survey https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.12818 of 2021 No.266/1 to an extent of 1.16.5 hectare and 266/5 to an extent of 0.14.0 hectare classified as Mayanam (Burial Ground) situated at Paulkulam - Maravamangalam Village, Kalaiyarkovil Taluk, Sivagangai District by considering his representation dated 06.07.2021. 3.Since we are disposing of the writ petition without notice to the fourth respondent, we are not inclined to issue any positive direction. However, the allegation being that there is an encroachment in a land classified as Mayanam, the third respondent is directed to look into the petitioner's representation dated 06.07.2021 and take action in accordance with law, after notice to the fourth respondent. This direction be complied with within a period of eight [8] weeks from the date of receipt of a copy of this order.

4.Accordingly, the Writ Petition stands disposed of. However, there shall be no order as to costs.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) MR Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The District Collector, Sivagangai District, Sivagangai.

2. The Revenue Divisional Officer, Sivagangai Revenue Divisional, Sivagangai District.

3. The Tahsildar, Kalaiyarkovil Taluk, Sivagangai District.

+1 CC to M/s.M.PRABU, Advocate (SR-24700[F] dated 30/07/2021) +1 CC to M/s.SPL GP (SR-24370[F] dated 29/07/2021) W.P.[MD]No.12818 of 2021 28.07.2021 GC(06.09.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2