N.Jeyaram Sidharth v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.12040 of 2017 N.Jeyaram Sidharth ... Petitioner Vs.

1. The District Collector, Sivagangai.

2. The Sub-Collector, Devakottai, Sivagangai District.

3. The Thasildar, Karaikudi, Sivagangai District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to remove the encroachments in the following Government properties in (1) Survey No.297 and (2) 251/5, Kalanivasal Revenue Village, Karaikudi Taluk, Sivagangai District within a stipulated time.

For petitioner : Mr.RM.Arun Swaminathan For Respondents : Mr.M.Govindan Special Government Pleader For prop. impl. party : Mr.A.Saravanan

O R D E R

[Order of the Court was made by K.K.SASIDHARAN,J.] The petitioner filed this writ petition to direct the respondents to remove the encroachment in respect of a public property in Survey Nos.297 and 251/5, Kalanivasal Revenue Village, Karaikudi Taluk, Sivagangai District.

2. It is the case of the petitioner that the Government property is under the possession and enjoyment of several people and constructions were made extensively.

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3. The petitioner appears to have submitted a

representation to the respondents on 30.01.2017. Since incorrect Survey Number was mentioned in the prayer, action appears to have been not taken by the authorities.

4. We give liberty to the petitioner to submit a comprehensive representation to the third respondent for removal of encroachment. In case, any such representation is given, the same shall be considered and disposed of by the third respondent on merits and as per law, after issuing notice to all the alleged encroachers. Such exercise shall be completed within a period of six months from the date of receipt of representation.

5. The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(Protocol) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Sivagangai.

2. The Sub-Collector, Devakottai, Sivagangai District.

3. The Thasildar, Karaikudi, Sivagangai District.

+1cc to Mr.RM.Arun Swaminathan, Advocate in SR.No.63906 +1cc to Special Government Pleader in SR.No.64390 akv AE/MR KKR/SAR1/19.07.2017/2P/6C W.P.(MD)No.12040 of 2017 06.07.2017 https://hcservices.ecourts.gov.in/hcservices/