Velmurugan.S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.09.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, THE CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.(MD) No. 14601 of 2021 S.Velmurugn ... Petitioner Vs 1.The District Collector, Office of the District Collector, 2.The Tahsildar, Thiruppathur Taluk Office, Thiruppathur, Sivagangai District.

3.The Block Development Officer, Thiruppathur Panchayat Union, Thiruppathur, Sivagangai District.

4.The President, Thirukkalapatti Village Panchayat, Thiruppathur Taluk, 5.K.Subramanian ... Respondents [R5 is impleaded vide Court order dated 28.09.2021 in WMP(MD).No.12924/2021 in WP(MD). No.14601/2021 by CJ & MDJ] PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus, directing the respondents 1 to 3 herein to remove the encroachments made in the land comprised in S.No.83 and 84 belonging to Sri Voyyavantha Amman Thirukovil situated at Thirukkalapatti Village, Thiruppathur Taluk, Sivagangai District by considering the petitioner's representation dated 09.07.2021.

For Petitioner : Mr.K.Muthumalai For Respondents 1 to3 : Mr.P.Thilak Kumar Government Pleader

ORDER

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] The grievance of the petitioner is that the land at Survey Nos.83 and 84 at Sri Voyyavantha Amman Thirukovil, Thirukkalapatti Village, Thiruppathur Taluk of Sivagangai District has been encroached by inter alia the respondent No.5. 2.Mr.P.Thilak Kumar takes notice on behalf of the respondent Nos.1,2 and 3 and submits that the second respondent Tahsildar of Thiruppathur Taluk would be the appropriate official to look into the grievance.

3.Without going into the allegations levelled against the fifth respondent by the petitioner herein, W.P(MD).No.14601 of 2021 is disposed of by permitting the petitioner to carry a fresh, detailed representation in respect of the matters complained of to the second respondent Tahsildar. Upon receipt of such representation, the Tahsildar would cause an enquiry to be conducted upon notice to the fifth respondent and any other person likely to be affected thereby. If any encroachment is found, the Tahsildar will take immediate appropriate steps for the removal thereof, including referring the matter to the higher officials for such purpose. The Tahsildar should communicate a reasoned decision, after completion of his enquiry, to both the petitioner and the fifth respondent within three months of the receipt of the representation. There will be no order as to costs.

Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) PM/PJL 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, Office of the District Collector,

2.The Tahsildar, Thiruppathur Taluk Office, Thiruppathur, Sivagangai District.

3.The Block Development Officer, Thiruppathur Panchayat Union, Thiruppathur, Sivagangai District.

4.The President, Thirukkalapatti Village Panchayat, Thiruppathur Taluk, +1 CC to M/s.SPL.GP ( SR-30671[F] dated 29/09/2021 ) W.P.(MD) No. 14601 of 2021 28.09.2021 MGJ(06.10.2021) 3P 6C