Pandian T v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MRS.JUSTICE R.HEMALATHA T.Pandian : Petitioner Vs.

1.The District Collector, Theni District, Theni.

2.The Revenue Divisional Officer, Uthamapalayam Revenue Divisional Office, Uthamapalayam, Theni District.

3.The Tahsildar, Uthamapalayam Tahsildar Office, Uthamapalayam, Theni District.

4.Ravichandran 5.Vijayalakshmi : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 3 herein to take immediate action for removal of the illegal encroachments made by respondents 4 and 5 in the Vandipathai / Ghat Road situated at S.No.286, Ward No.A, Block No.14, T.S.No.8/1, Chinnamanoor Village in Uthamapalayam Taluk, Theni District on the basis of the petitioner's representation dated 24.04.2022 within the time stipulated by this Court.

For Petitioner : Mr.M.Karuppasamy Pandiyan For Respondents 1 to 3 : Mr.A.K.Manikkam Special Government Pleader

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] It is the case of the petitioner that respondents 4 and 5 have encroached into S.No.286 in Ward No.A, Block No.14, T.S.No.8/1, Chinnamanoor, which has been classified in the revenue records as 'Cart track' and therefore, the present Public Interest Litigation has been filed for a direction to the respondents 1 to 3 to remove 1/3

the said encroachment.

2.Learned Counsel for the petitioner brought to the notice of this Court a communication dated 19.05.2022 issued by the Revenue Divisional Officer, Uthamapalayam to the Tahsildar, Uthamapalayam to find out if there are encroachments in S.No.286, as alleged by the petitioner and if there are indeed encroachments, the same has to be removed and a report sent to him.

3.In such view of the matter, we direct the third respondent to comply with the directions issued by the Revenue Divisional Officer in his letter dated 19.05.2022 and send a report to the Revenue Divisional Officer, within a period of three [3] months from the date of receipt of a copy of this order.

4.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To 1.The District Collector, Theni District, Theni.

2.The Revenue Divisional Officer, Uthamapalayam Revenue Divisional Office, Uthamapalayam, Theni District.

3.The Tahsildar, Uthamapalayam Tahsildar Office, Uthamapalayam, Theni District.

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+1 CC to M/s.M. KARUPPASAMY PANDIAN, Advocate ( SR-27119[F] dated 21/06/2022 ) +1 CC to M/s.SPL.GP ( SR-27410[F] dated 22/06/2022 ) 21.06.2022 CK(CO) KB(30.06.2022) 3P 6C 3/3