Dhandayuthapani.M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD M.Dhandayuthapani ... Petitioner -vs1.The District Collector Madurai District Madurai 2.The Block Development Officer Madurai North, Madurai 3.The Thasildar Madurai North Madurai 4.The Village Administrative Officer Iraniyam Panchayat Madurai District 5.The Panchayat President Iraniyam Panchayat Madurai District 6.M.Vijayakumar ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 5 to remove the encroachment made by the sixth respondent on the 20 feet, east-west road lies on the northern side of Plot No.16 in Survey No.79/6A at Thulukkankulam Village, Iraniyam Panchayat, Madurai District, based on the petitioner's representation dated 17.02.2022 and 11.03.2022. For Petitioner :

Mr.C.Vakeeswaran For Respondents :

Mr.S.P.Maharajan Special Government Pleader for R1 to R5 No appearance for R6

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] The prayer in this writ petition is for issuance of a writ of mandamus directing the respondents 1 to 5 to remove the encroachment made by the sixth respondent in the 20 feet east-west road, lying on the northern side of Plot No.16, in Survey No.79/6A of Thulukkankulam Village, Iraniyam Panchayat, Madurai District, based on the petitioner's representations dated 17.02.2022 and 11.03.2022.

2. The grievance of the petitioner is that though he made representations as early as on 17.02.2022 and 11.03.2022 to the respondents 1 to 5 seeking removal of the encroachments made by the private respondent in the aforesaid survey number, till date the same have not been considered.

3. The learned Special Government Pleader appearing for the respondents 1 to 5, on instructions, submitted that the petitioner's representations, dated 17.02.2022 and 11.03.2022 would be considered and appropriate action would be taken, in accordance with law.

4. In view of the above, without going into the merits of the claim made by the petitioner, the respondents 1 to 5 are directed to consider the petitioner's representations dated 17.02.2022 and 11.03.2022 and pass appropriate orders, if not already disposed of, on merits and in accordance with law. If there is any encroachment as pointed out by the petitioner, the same shall be removed, after giving due notice and sufficient opportunity to all the parties concerned and by following due process of law, within a period of eight (8) weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of. No costs.

[R.M.D., J.] [J.S.N.P., J.] 14.11.2022 Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Madurai District, Madurai.

2.The Block Development Officer, Madurai North, Madurai.

3.The Thasildar, Madurai North, Madurai.

4.The Village Administrative Officer, Iraniyam Panchayat, Madurai District.

5.The Panchayat President, Iraniyam Panchayat, Madurai District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk 14.11.2022