Palmoorthy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Palmoorthy ... Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Palani, 3.The Tahsildar, Vedasandur Taluk Office, Vedasandur, 4.The Block Development Officer, Vadamadurai Union Office, Vadamadurai, Dindigul District.

5.The President, Sithuvarpatti Village Panchayat, Sithuvarpatti, 6.Sivaperumal 7.Paalmayan 8.Nagasundaram 9.Chinna Thevar 10.Dinesh ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing Respondents Nos. 1 to 5 to remove the encroachment in S.F.No. 279/59 is classified as Government Prompoke is situated at Vadugapatti, Sithuvarpatti Village and Post, Vedasandur Taluk, Dindigul District made by the respondent Nos.6 to 10 on the basis of the petitioner's representation dated 10.06.2020, within time frame fixed by this Honourable Court.

For Petitioner :

Mr.K.Arunraj For Respondents :

Mr.S.P.Maharajan, Spl. Govt. Pleader for R1 to R5 Mr.M.Gururaj for R6 to R10

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing Respondents Nos. 1 to 5 to remove the encroachment made by the respondent Nos.6 to 10 in S.F.No. 279/59, which is classified as Government Poramboke land, situated at Vadugapatti, Sithuvarpatti Village and Post, Vedasandur Taluk, Dindigul District, on the basis of the petitioner's representation dated 10.06.2020, within a time frame.

2. It is the claim of the petitioner that the respondents 6 to 10 have made encroachment in the aforesaid survey number, which is classified as Government Poramboke land. In this regard, though the petitioner made a representation on 10.06.2020, to the respondents 1 to 4 seeking to remove the aforesaid encroachment, till date, no steps have been taken by the respondents to remove the same. Hence, the petitioner has filed this Writ Petition.

3. The learned Special Government Pleader appearing for the respondents 1 to 5 submitted that the representation of the petitioner dated 10.06.2020 would be considered by the official respondents and appropriate action will be taken to remove the encroachment, for which, the learned counsel for the petitioner is agreeable.

4. Recording the above submission, this Writ Petition is disposed of with a direction to the authorities concerned to consider and dispose of the representation of the petitioner dated 10.06.2020, on merits and in accordance with law. If there is any encroachment in the place in question, the authorities shall remove the same, after affording sufficient opportunity to all the parties concerned and by following due process of law. Such an exercise shall be completed 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.] vsm 16.11.2022

To 1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Palani, 3.The Tahsildar, Vedasandur Taluk Office, Vedasandur, 4.The Block Development Officer, Vadamadurai Union Office, Vadamadurai, Dindigul District.

5.The President, Sithuvarpatti Village Panchayat, Sithuvarpatti,

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

vsm 16.11.2022