D.Annalakshmi, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.12726 of 2017 and W.M.P(MD)No.9839 of 2017 D.Annalakshmi .. Petitioner Vs.

1.The District Collector, Collectrate Office, Sivagangai District, 2.The Tahsildar, Ilayangudi Taluk Office, Ilayangudi Taluk.

3.The Assistant Director, 4.The District Inspector, Collectorate Office Campus, 5.The Sub-Inspector of Police, Ilayangudi Police Station, Sivagangai District.

6.S.Ramanthan 7.S.Thangachamy 8.B.Kala .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 5 to take appropriate action to remove the encroachment made by the respondents 6 to 8 in the public pathway situated in Survey No. 545/16 in Ochanthattu in Vallakulam Village in Ilaiyangudi Taluk in Sivagangai District.

(Prayer amended vide order, dated 01.08.2017)

For Petitioner : Mr.V.Santhakumaresan For RR 1 to 5 : Mr.M.Govindan, Special Government Pleader.

For RR 6 to 8 : M/s.K.R.Shivasankari for Mr.S.Srinivasa Raghavan

ORDER

[Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this writ petition for a direction to the respondents 1 to 5 to take appropriate action against the respondents 6 to 8 and remove the encroachment stated to have been made in respect of a public pathway in Survey No.545/16 in Ochanthattu, Vallakulam Village, Ilaiyangudi Taluk, Sivagangai District.

2.The instruction given by the revenue authorities to the Special Government Pleader indicated that the property in question is declared as a Sarkar Manai vacant land.

3.We direct the second respondent to consider and dispose of the representation submitted by the petitioner, dated 27.05.2015 on merits and as per law, after issuing notice to the respondents 6 to 8 and giving them opportunity of hearing. Such 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. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The District Collector, Collectrate Office, Sivagangai District, 2.The Tahsildar, Ilayangudi Taluk Office, Ilayangudi Taluk.

3.The Assistant Director,

4.The District Inspector, Collectorate Office Campus, 5.The Sub-Inspector of Police, Ilayangudi Police Station, Sivagangai District.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No.70207 +1cc to Mr.S.SRINIVASA RAGHAVAN Advocate in SR. No.69347 +1cc to Mr.V.SANTHAKUMARESAN Advocate in SR. No.69492 PS/SM JS/MR.KKR/SAR.2/10.08.2017/4P-9C W.P.(MD)No.12726 of 2017 01.08.2017