R.Govindan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.[MD].No.13793 of 2017 R.Govindan ... Petitioner Vs.

1.The District Collector, Office of District Collector, Karur District, Karur.

2.The Tahsildar, Karur Taluk, Karur District, Karur.

3.The Special Officer, K.Pitchampatti Panchayat, Thaanthoni Union, Karur Taluk, Karur District.

4.M.Ramachandran 5.M.Vijayan 6.M.Annathurai 7.N.Bhaskaran 8.V.Kanthasamy 9.V.Annathurai 10.R.Elangovan ... Respondents PRAYER : Writ Petition is filed under Article 226 of Constitution of India, praying for issuance of writ of mandamus, directing the respondents 1 to 3 to remove the encroachment made on the western side of the road of K.P. Thaalaipatti i.e., K.P.Thalaipatti to Kottanatham made by respondent No.4 to 10 by considering petitioner's representation dated 07.07.2017, within a period stipulated as prescribed by this Court.

For Petitioner : Mr.A.Haja Mohideen For R1 and R2 : Mr.T.S.Mohamad Mohideen, Additional Government Pleader For R3 : Mr.T.R.Janardhanan For R4 : Mr.Gogulraj For R6 : Mr.K.P.Narayanakumar.

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O R D E R

************* [Order of the Court was delivered by G.R.SWAMINATHAN, J.] The writ petitioner seeks removal of the encroachments made on the western side of the road of K.P. Thaalaipatti i.e., K.P.Thalaipatti. The allegations are against the respondents 4 to10 herein.

The writ petitioner has already given a representation dated 07.07.2017 in this regard. 2.This Court went through the materials enclosed in the typed sets of papers. It is seen that the fifth respondent has filed a Civil Suit seeking injunction. We therefore, direct the second respondent herein to conduct a fresh survey of the land in question. If the encroachments pertain to road portion, the second respondent is directed to cause removal of the said encroachments after issuing notice to the private parties herein. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order. 3.Accordingly this Writ Petition stands disposed of. No costs. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Office of District Collector, Karur District, Karur. 2.The Tahsildar, Karur Taluk,Karur District, Karur.

3.The Special Officer, K.Pitchampatti Panchayat, Thaanthoni Union, Karur Taluk, Karur District. +1cc to M/S.A.HAJA MOHIDEEN, Advocate SR.No.72205 +1cc to M/S.K.P.NARAYANA KUMAR, Advocate SR.No.72213 +1cc to M/S.S.GOKUL RAJ, Advocate SR.No.72469 +1cc to Special Government Pleader, SR.No. 72887 gsp/smi MAS/KK/SAR2:19.09.2017:2P-8C W.P.[MD].No.13793 of 2017 11.08.2017 https://hcservices.ecourts.gov.in/hcservices/