Juliet.A v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2021 CORAM :
THE HON'BLE MR.SANJIB BANERJEE, THE CHIEF JUSTICE AND THE HONOURABLE MRS.JUSTICE S.ANANTHI A.Juliet ... Petitioner Vs.
1.The District Collector, Tirunelveli District, at Tirunelveli.
2. The Revenue Divisional Officer, Cheranmahadevi,
3. The Tahsildar, Radhapuram Taluk, Radhapuram,
4. The Block Development Officer, Valliyoor Panchayat Union, Valliyoor,
5. A.Puruna ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the respondent Nos.1 to 4 to consider the representation dated 18.01.2021 made by the petitioner herein to remove the unauthorized encroachment made by the 5th respondent in S.No.599/1AA, in West Street, Perumanal, Chettikulam Village, Radhapuram Taluk, Tirunelveli District to the extent of 0.04.5 hectares (20 Square Meters) within time stipulated period as may be fixed by this Hon'ble Court.
For Petitioner : Mr.T.Sundaravadanam For Respondents 1 to 3 : Mr.R.Baskaran Standing Counsel for Government For 4th Respondent : Mr.S.Shanmugavel Government Advocate
ORDER
[Order of the Court was made by S.ANANTHI, J.] The grievance of the petitioner is that the representation made by his husband to the authorities to remove the encroachment made by the
private respondent at S.No.599/1AA in West Street, Perumanal, Chettikulam Village, Radhapuram Taluk, Tirunelveli District, failed to see any proper response, despite issuance of a show-cause notice by the fourth respondent on 18.10.2019.
2.Mr.R.Baskaran, learned Standing Counsel for the Government takes notice on behalf of respondent Nos. 1 to 3. Mr.S.Shanmugavel, learned Government Advocate takes notice on behalf of the fourth respondent.
3. Since a notice dated 18.10.2019 has already been issued to the fifth respondent for removing the encroachment, the fourth respondent is directed to proceed further and pass a reasoned order in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to both the petitioner as well as the private respondent.
4. With the above directions, W.P(MD) No.13121 of 2021 is disposed of.
There will no order as to costs.
Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) 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, Tirunelveli District, at Tirunelveli.
2. The Revenue Divisional Officer, Cheranmahadevi,
3. The Tahsildar, Radhapuram Taluk, Radhapuram,
4. The Block Development Officer, Valliyoor Panchayat Union, Valliyoor, +1CC to M/s.T.Sundaravadanam, Advocate (SR24677) +1CC to Special Government Pleader (24736) W.P.(MD) No. 13121 of 2021 29.07.2021 LS RS (09.08.2021) 3P-7C