M. Ashokmani v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2021

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI M.Ashokmani ... Petitioner Vs.

1.The District Collector, Dindigul Collectorate, 2.The Revenue Divisional Officer, Revenue Divisional Office, Dindigul.

3.The Tahsildar,Taluk Office, Nilakottai, 4.The Block Development Officer, Village Panchayat, Nilakottai Panchayat Union, Nilakottai, Dindigul District.

5.P.Anbilrajan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to forthwith remove the encroachment made by the 5th respondent herein in Survey Nos.595/3 and 595/54, in the public pathway, situated at Kariyampatti, Silukkuvarpatti Village, Nilakottai Taluk, Dindigul District and consequently, consider the representation of the petitioner, dated 27.06.2020. For Petitioner : Mr.H.Thayumanaswamy For R1 to R4 : Mr.K.P.Krishnadoss Special Government Pleader For R5 : Mr.V.Manikandan * * * * * 1/3

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) This Writ Petition has been filed by the petitioner, seeking consequential action against the encroachment, alleged to have been made by respondent No.5, notwithstanding the proceedings of respondent Nos.3, 4 and 1, dated 16.07.2020, 18.08.2020 and 20.08.2020, respectively.

2.The learned Special Government Pleader appearing for respondent Nos.1 to 4, on instructions, submitted that an inspection has been made and it is found that respondent No.5 has made an encroachment in Survey No.595/27 and the petitioner has also made an encroachment in Survey No.595/55.

3.In the view of the same, we direct respondent Nos.3 and 4 to complete the process of eviction proceedings against the petitioner and respondent No.5, in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

4.This Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(AS) // True Copy // / /2021 Sub Assistant Registrar(CS) smn2 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, Dindigul Collectorate, 2.The Revenue Divisional Officer, Revenue Divisional Office, Dindigul.

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3.The Tahsildar, Taluk Office, Nilakottai, 4.The Block Development Officer, Village Panchayat, Nilakottai Panchayat Union, Nilakottai, +1 CC to M/s.SPL GP ( SR-6211[F] dated 19/02/2021 ) +1 CC to M/s.H.THAYUMANASWAMY, Advocate ( SR-6261[F] dated 19/02/2021 ) 18.02.2021 VR(CO) TR(05.03.2021) 3P 7C 3/3