V.Senthilkumar, v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.15656 of 2017 V.Senthilkumar .. Petitioner Vs.

1.The Revenue Divisional Officer, Madurai, Madurai District.

2.The Tahsildar, Melur Taluk, Madurai District.

3.The Special Officer / Block Development Office, (Ke.Ou) Panchayat Union, Melur, Madurai.

4.Pandi 5.Veluchamy 6.Kallanai 7.Pandi @ Samy 8.Pitchai Pillai .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachments made by the respondents 4 to 8 in S.No.64/34 Sunnamboor, Keeranoor Hamlet, Melur Taluk, Madurai District.

For petitioner : Mr.M.Kannan For R1 to R2 : Mr.M.Govindan Special Government Pleader.

For R3 : Mr.Prithiviraj for Mr.C.Selvaraj For R4 : Mr.T.S.Gopalan for Mr.P.T.S.Narendravan

O R D E R

************ [Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this writ petition to direct the respondents 1 to 3 to remove the encroachments said to have been caused by the respondents 4 to 8 in S.No.64/34, Sunnamboor, Keeranoor Hamlet, Melur Taluk, Madurai District. 2.The 4th respondent filed a counter affidavit wherein it was contended that the land bearing S.No.64/34, is a private property and as such the claim made by the petitioner has no basis.

3.We have heard the learned counsel appearing for the petitioner and the learned counsel appearing for the private parties.

4.We, direct the second respondent to consider and pass orders on the representation dated 02.08.2017 submitted by the petitioner, on merits and as per law, after issuing notice to the respondents 4 to 8. Such exercise shall be completed within a period of four months from the date of receipt of a copy of this order.

5.The Tahsildar, Melur Taluk, shall give reasonable opportunity to the parties to produce the patta, if there is any, in respect of the property, which is the subject mater of the writ petition and more particularly, the land in Survey No.64/34. 6.This writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To:

1.The Revenue Divisional Officer, Madurai, Madurai District.

2.The Tahsildar, Melur Taluk, Madurai District.

3.The Special Officer / Block Development Office, (Ke.Ou) Panchayat Union, Melur, Madurai.

+1cc to M/S.PT.S.NARENDRAVASAN, Advocate SR.No.76559 +2cc to M/S.M.KANNAN, Advocate SR.No.76506 +1cc to Special Government Pleader, SR.No. 77293 mm/ns MAS/MR-KKR/SAR2:22.09.2017:3P-8C ORDER MADE IN W.P(MD)No.15656 of 2017 05.09.2017