Chandrasekaran.K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD K.Chandrasekaran ... Petitioner vs.

1. The District Collector, Sivagangai District, Sivagangai.

2. The Sub Collector,

3. The Revenue Divisional Officer,

4. The Tahsildar, Singampunari Taluk,

5. Syed Mohamed ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the 4th respondent to conclude the proceedings in Na.Ka. A2/4263/2020 dated 28.07.2020 issued by the 3rd respondent, for 1/4

removing the encroachment in S.F.No.84/10, S.F.No.340/1 and S.F.No. 340/5 of Karisalpatti Panchayat, Varapur Firka, Thirupathur Taluk, Sivagangai District, within a time frame as per law. For Petitioner : Mr.AN.Ramanathan For R1 to R4 : Mr.J.Ashok Additional Government Pleader For R5 : No appearance

ORDER

(Order of the Court was made by R.MAHADEVAN, J.) The prayer in the writ petition is for issuance of a Writ of Mandamus, directing the 4th respondent to conclude the proceedings in Na.Ka. A2/4263/2020 dated 28.07.2020 issued by the 3rd respondent, for removing the encroachment in S.F.No.84/10, S.F.No.340/1 and S.F.No. 340/5 of Karisalpatti Panchayat, Varapur Firka, Thirupathur Taluk, Sivagangai District, within a time frame as per law. 2.

Today, when the matter was taken up for hearing, learned Additional Government Pleader appearing for the respondents 1 to 4 produced the communication of the 4th respondent addressed to him in Na.Ka.A3/2407/2017, dated 29.11.2022 and submitted that the prayer of the petitioner has been met with by the official respondents 2/4

partially by removing the portion of encroachment in S.F.No.84/10, S.F.No.340/1 and S.F.No. 340/5 of Karisalpatti Panchayat, Varapur Firka, Thirupathur Taluk, Sivagangai District and the remaining encroachment would be removed within a period of four weeks, for which, learned counsel for the petitioner has agreed. 3.

Recording the aforesaid submission, the Writ Petition is disposed of with a direction to the official respondents to remove the remaining encroachment in the place in question after affording sufficient opportunity to all the parties and by following the due process of law, within a period of four weeks from the date of receipt of a copy of this order. No costs.

[R.M.D.,J.] & [J.S.N.P.,J.] Index : Yes / No 30.11.2022 Internet : Yes bala To

1. The District Collector, Sivagangai District, Sivagangai.

2. The Sub Collector, 3/4

R.MAHADEVAN ,J.

and J.SATHYA NARAYANA PRASAD,J.

bala

3. The Revenue Divisional Officer,

4. The Tahsildar, Singampunari Taluk, ORDER MADE IN DATED : 30.11.2022 4/4