S.Samuthiram, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 07.08.2017 CORAM :
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.12593 of 2017 S.Samuthiram : Petitioner Vs.
1. The District Collector, Kokirakulam, Tirunelveli District, Tirunelveli.
2. The District Adi Dravidar Welfare Officer, Near Tirunelveli Corporation Office, Tirunelveli.
3. The Commissioner, Tirunelveli Corporation, Tirunelveli.
4. The Assistant Commissioner, Thatchanallur Division, Junction Bus Stand Opposite, Tirunelveli District.
5. The Tahsildar, Palayamkottai Taluk Office, Kokirakulam,
6. The Special Tahsildar, (Adi Dravidar Welfare), Kokirakulam, Tirunelveli District, Tirunelveli.
: Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to remove the encroachment in common area allotted to the Adi Dravidar People in Survey No.2/3B and 2/3B2 in Ward No.AY, Block No.20, Kambaramayana Street, Vannarapettai, Thatchanallur Division, Tirunelveli Corporation on
the proceedings of the third respondent in Na.Ka.No.DP1-3518-2011 dated 25.01.2017.
For Petitioner : Mr.A.P.Muthu Pandian For R.1, R.2, R.5 & R.6 : Mr.T.S.Md.Mohideen, Additional Government Pleader For R.3 & R.4 : Mr.Aayiram K.Selvakumar ************
O R D E R
(Order of the Court was made by G.R.SWAMINATHAN, J.) The writ petitioner seeks removal of the encroachments in the common area allotted to the Adi Dravidar People in Survey No.2/3B and 2/3B2 in Ward No.AY, Block No.20, Kambaramayana Street, Vannarapettai, Thatchanallur Division, Tirunelveli Corporation. 2.The writ petitioner places reliance on the proceedings in Na.Ka.No.DP1-3518-2011 dated 25.01.2017 issued by the Executive Engineer, Tirunelveli Corporation to the sixth respondent herein. The said authority called upon the sixth respondent to extend his co-operation for removing the encroachment in question. But, till date no action has been taken.
3.We therefore direct the sixth respondent to take appropriate steps for removal of the encroachment in question. The sixth respondent shall act in association with the other authorities and issue notice to the encroachers in question and after following due process of law cause removal of the encroachment. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order.
4.The writ petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar (Records) /True copy/ Sub Assistant Registrar To
1. The District Collector, Kokirakulam, Tirunelveli District,
2. The District Adi Dravidar Welfare Officer, Near Tirunelveli Corporation Office,
3. The Commissioner, Tirunelveli Corporation,
4. The Assistant Commissioner, Thatchanallur Division, Junction Bus Stand Opposite, Tirunelveli District.
5. The Tahsildar, Palayamkottai Taluk Office, Kokirakulam, Tirunelveli.
6. The Special Tahsildar, (Adi Dravidar Welfare), Kokirakulam, Tirunelveli District, +1 CC to M/s.AAYIRAM K.SELVAKUMAR, Advocate, SR No. 71251. +1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No. 71667. TSG/SKM PSM/KK/SAR1/29.08.2017/3P/9C Order made in W.P(MD)No.12593 of 2017 Dated: 07.08.2017