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Madras High CourtWP(MD)/11143/2017partly allowed

M.Sheik Allaudin, S/O.Mustafa, v. The District Collector

2017-06-15Honourable Mr Justice N. Authinathan,Honourable Mr Justice A. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.11143 of 2017 M.Sheik Allaudin .. Petitioner Vs.

1.The District Collector, Office of District Collector, Ramanathapuram District.

2.The District Revenue Officer, Office of the District Revenue Officer, Ramanathapuram District.

3.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Ramanathapuram District.

4.The Thasildhar, Office of Thasildhar, Ramanathapuram District.

5.Abdul Khadar 6.Rahmad Ali .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 4 to take acute steps to remove the encroachment encroached by the fifth and sixth respondents in the East Street, Second Ward, Puduvalasai Village, Ramanathapuram District and enabling the street users to use it without any hindrance.

For Petitioner : Mr.R.Senthilkumar For Respondents 1 to 4 : Mr.K.Guru, Additional Government Pleader.

ORDER

[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents 1 to 4 to remove encroachments alleged to have been made by the respondents https://hcservices.ecourts.gov.in/hcservices/

5 and 6 in East Street, Second Ward, Puduvalasai Village, Ramanathapuram District, by way of issuing a writ of mandamus. 2.Mr.K.Guru, learned Additional Government Pleader, has taken notice for the respondents 1 to 4. Considering the nature of the relief sought in the writ petition, notice need not be sent to the respondents 5 and 6.

3.It is seen from the records that the petitioner has given two representations on 04.08.2014 and 23.05.2017, but the same have not been considered. Under the said circumstances, this Court is inclined to pass the following order. 4.In fine, this writ petition is allowed in part without costs and the fourth respondent viz., Tahsildar, Ramanathapuram is directed to look into the representations dated 04.08.2014 and 23.05.2017 and dispose of the same within a period of two months. Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The District Collector, Office of District Collector, Ramanathapuram District.

2.The District Revenue Officer, Office of the District Revenue Officer, Ramanathapuram District.

3.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Ramanathapuram District.

4.The Thasildhar, Office of Thasildhar, Ramanathapuram District.

+1cc to M/S.The Special Government Pleader,SR.60573 +1cc to Mr.R.Senthilkumar,Advocate,SR.60333 W.P(MD)No.11143 of 2017 15.06.2017 https://hcservices.ecourts.gov.in/hcservices/ SMN KK/RSK/SAR2-20.06.2017-2P-7C