Vadivel v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.10.2022

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P(MD)No.14670 of 2021 and W.M.P(MD) No.11601 of 2021 Vadivel ... Petitioner Vs.

1. The District Collector, Karur District, Karur.

2. The Tahsildar, Kulithalai Taluk, Karur District.

3. The Divisional Engineer, State Highways Department, Construction Maintenance, Karur.

4. K.Balasubramani ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachments made in Survey Nos.218 and 219 at Trichy - Thogamalai Road, Keelaveliyur, Kalladai Village, Kulithalai Taluk, Karur District, in terms of the proceedings of the third respondent made in Na.Ka.No.655/2021/A2 dated 30.06.2021.

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For Petitioner : Mr.K.Govindarajan For Respondents 1 to 3 : Mr.G.V.Vairam Santhosh Addl. Government Pleader For Respondent No.4 : Mr.P.Parthiban

O R D E R

(Order of the Court was made by R.MAHADEVAN, J.) The petitioner has come forward with this writ petition praying to issue a writ of mandamus, directing the respondents 1 to 3 to remove the encroachments made in Survey Nos.218 and 219 at Trichy - Thogamalai Road, Keelaveliyur, Kalladai Village, Kulithalai Taluk, Karur District, in terms of the proceedings of the third respondent made in Na.Ka.No.655/2021/A2 dated 30.06.2021.

2. Today, when the matter was taken up for hearing, the learned Additional Government Pleader appearing for the respondents 1 to 3, produced a status report of the second respondent - Tahsildar, Kulithalai Taluk, addressed to him along with the counter-affidavit of the third respondent and submitted that pursuant to the filing of this Writ Petition, the authorities 2/5

concerned have inspected the aforesaid land in question, wherein, it is affirmed that there are 51 persons encroached the said land and he further submitted that the encroachments will be removed within a time frame to be fixed by this Court.

3. The aforesaid submission of the learned Additional Government Pleader appearing for the respondents 1 to 3 is not refuted by the learned counsel for the petitioner.

4. Recording the above submission, the Writ Petition is disposed of with a direction to the respondents 1 to 3 to proceed with removal of encroachment in question, after affording sufficient opportunity to the petitioner, fourth respondent and all other parties concerned and by following due process of law. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

[R.M.D., J.] [J.S.N.P., J.] 27.10.2022 Internet : Yes / No Index : Yes / No pkn 3/5

To

1. The District Collector, Karur District, Karur.

2. The Tahsildar, Kulithalai Taluk, Karur District.

3. The Divisional Engineer, State Highways Department, Construction Maintenance, Karur.

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R.MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD , J.

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