Madras High CourtWP(MD)/14206/2020disposed of

M.Vadivel v. The District Collector

2020-10-13Honourable Mr Justice N. Kirubakaran,Honourable Mr Justice B.Pugalendhi2 pages

W.P.(MD)No.14206 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.14206 of 2020 M.Vadivel : Petitioner Vs.

1.The District Collector, Thoothukudi District.

2.The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

3.The Tahsildar, Ettayapuram Taluk, Thoothukudi District.

4.The President, Urulaikudi Village Panchayat, Kadalaiyur Post, Ettayapuram Taluk, Thoothukudi District.

5.S.Panchavarnam : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the 2nd and 3rd respondents to remove the encroachment made by the 5th respondent in a pathway and odai situated in S.No.219/3 and 219/4, Urulaikudi Village, Ettayapuram Taluk, Thoothukudi District, based on the communication of the 2nd respondent in Na.Ka.A2/5256/20 dated 10.09.2020, by considering the petitioner's representation dated 04.09.2020.

For Petitioner :

Mr.G.R.Satish For Respondents :

Mr.Muthu Geethaiyan Special Government Pleader for R.1 to R.3

ORDER

(Order of the Court was made by N.KIRUBAKARAN, J.) The petitioner has filed this writ petition seeking a writ of mandamus directing the official respondents to remove the encroachment made by the fifth respondent.

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W.P.(MD)No.14206 of 2020

2. When the matter is taken up for hearing today, Mr.Muthu Geethaiyan, learned Special Government Pleader has produced a statement made by the fifth respondent before the Village Administrative Officer, Ettayapuram Taluk, Thoothukudi District, dated 13.10.2020, wherein, the fifth respondent undertook to remove the encroachment made by her. The learned Special Government Pleader has also produced photographs showing that the encroachments made by the fifth respondent has been partially removed and further submitted that the entire encroachment would be removed within a period of two weeks.

3. In view of the above development, this writ petition is disposed of, with a direction to the official respondents to ensure that the fifth respondent complies with her undertaking made before the Village Administrative Officer on 13.10.2020. No costs.

4. For reporting compliance, Registry is directed to list the matter in the second week of November, 2020.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) gk NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector,Thoothukudi District. 2.The Revenue Divisional Officer, Kovilpatti,Thoothukudi District.

3.The Tahsildar,Ettayapuram Taluk,Thoothukudi District. 4.The Section Officer,Writ Section, Madurai Bench Of Madras High Court,Madurai.

(Post for reporting Compliance) +1 CC to M/s.GP ( SR-20059[F] dated 14/10/2020 ) +1 CC to M/s.R. SATISH, Advocate ( SR-20127[F] dated 15/10/2020 ) W.P.(MD)No.14206 of 2020 13.10.2020 CO(SS) AP (28.10.2020) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2