V.Kulanthaivel v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN AND THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD)No.7723 of 2019 V.Kulanthaivel ... Petitioner -Vs1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Melur Taluk, Madurai District.

3.The Planning Officer, Union Office, Kottampatti, Melur Taluk, Madurai District.

4.Arumugam 5.Maruthuveeran 6.Alagar ... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to remove the encroachments made by the respondents 4 to 6 in Survey No.435/26 in Pattur Village, Melur Taluk, Madurai District and based on the petitioner's representation dated 08.02.2019.

For Petitioner : Mr.V.Karuna For R1 to R3 : Mr.P.Thilak Kumar, Government Pleader For R4 and R5 : Mr.R.Shankar Ganesh For R6 : No Appearance

ORDER

[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachments made by the respondents 4 to 6 in Survey No.435/26 in Pattur Village, Melur Taluk, Madurai District, based on the petitioner's representation dated 08.02.2019 within a time frame.

2.Today, when the matter was taken up for hearing, the learned Government Pleader for the respondents 1 to 3, on instructions, submitted that based on the representation given by the petitioner dated 08.02.2019, an inspection had been conducted in the place in question, wherein, it was found that there are some encroachments and the petitioner is also one of the encroachers. He further submitted that appropriate action would be taken for removal of those encroachments, after issuing notice to all the parties concerned and by following due process of law within a time frame. 3.Recording the aforesaid submission, this Writ Petition stands disposed of, directing the authorities concerned to remove the encroachments in the place in question, after affording sufficient opportunity to all the parties concerned and by following due process of law, within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs. [R.M.D., J.] & [J.S.N.P., J.] 10.11.2022 Index : Yes / No Internet : Yes / No Myr

R.MAHADEVAN , J.

AND J.SATHYA NARAYANA PRASAD, J.

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

2.The Tahsildar, Melur Taluk, Madurai District.

3.The Planning Officer, Union Office, Kottampatti, Melur Taluk, Madurai District.

W.P.(MD)No.7723 of 2019 10.11.2022