Madras High CourtWP(MD)/12410/2020disposed of

P. Mariyammal v. The District Collector

2020-09-23Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice P. Rajamanickam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2020

CORAM

THE HON'BLE MR.JUSTICE M.SATHYANARAYANAN and THE HON'BLE MR.JUSTICE P.RAJAMANICKAM W.P.(MD)No.12410 of 2020 P.Mariyammal ... Petitioner -Vs1.The District Collector, Madurai, Madurai District.

2.The District Revenue Officer, Madurai, Madurai District.

3.The Revenue Divisional Officer, Thirumankalam, Madurai District.

4.The Tahsildar, Thirumankalam Taluk, Madurai District.

5.The Block Development Officer, Thirumankalam, Madurai District.

6.The Surveyor, Thirumankalam, Madurai District.

7.Sivaprakasam ... Respondents Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, to direct the respondents 1 to 6 to remove the encroachment made by the seventh respondents in the street pathway situated at Pungankulam, Sithalai Post, Thirumankalam Taluk, Madurai District based on the petitioner's representation dated 14.10.2019, 18.07.2020, 20.07.2020, 29.07.2020. For Petitioner :

Mr.K.Palmurugan For R-1 to R6 :

Mr.B.Bagavathi Government Advocate 1/3

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.,] Heard Mr.K.Palmurugan, learned counsel appearing on behalf of the petitioner and Mr.B.Bagavathi, learned Government Advocate, who takes notice on behalf of the official respondents and perused the materials placed on record. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

2. It prima facie appears that the petitioner himself appears to be an encroacher upon a public land and though it is submitted by the learned counsel for the petitioner that the construction put up by the petitioner has been removed, the fact remains that the petitioner is still in possession of the encroached land. However, the petitioner in this writ petition prays for removal of encroachment said to have been caused by the seventh respondent, who according to the petitioner is an influential politician.

3. This Court, taking into consideration the above facts and circumstances as well as the contents of the representations dated 14.10.2019, 18.07.2020, 20.07.2020 and 29.07.2020 submitted by the petitioner, directs the respondents 4 to 6 to cause inspection and survey the land in survey Nos.96/13 and 96/23 and if the inspection and survey reveals any encroachment upon a public land, the respondents 4 to 6 shall resort to due process of law and adhering to the principles of natural justice, shall remove the encroachments as expeditiously as possible not later than twelve (12) weeks from the date of receipt of a copy of this order and inform the decision taken to the petitioner, seventh respondent and also to other persons concerned. This writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) ta 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.

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To 1.The District Collector, Madurai, Madurai District.