Thulasimani P v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.10.2022

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P(MD)No.14898 of 2021 P.Thulasimani ... Petitioner Vs.

1. The District Collector, Collectorate, Thoothukud District, Thoothukudi.

2. The Thasildar, Eral Taluk, Thoothukudi District.

Thoothukudi.

3. The Executive Officer, Selection Grade Town Panchayat, Sayarpuram, Thoothukudi District.

4. Kalaimani

5. Mathavan

6. Thomas

7. Arunachalam 1/5

8. Devadoss

9. Natarajan

10. Kasimurgaayi ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to remove the encroachments made by the respondents 4 to 10 which were identified by the second respondent in Sayarpuram, Naduvaikurichi in Survey No.497/23, Uchimahali Amman Koil Street, Thoothukudi District. For Petitioner : Mr.C.Jeganathan For Respondents 1 & 3 : Mr.N.GA.Nataraj Government Advocate For Respondents 4 to 10 : Mr.N.Pragalathan

O R D E R

(Order of the Court was made by R.MAHADEVAN, J.) The petitioner has come forward with this writ petition praying to issue a writ of mandamus, directing the official respondents to remove the encroachments made by the respondents 4 to 10 in Survey No.497/23, in Sayarpuram, Naduvaikurichi, Uchimahali Amman Koil Street, Thoothukudi District, which were identified by the second respondent.

2. Today, when the matter was taken up for hearing, the learned Government Advocate appearing for the respondents 1 to 3, on instructions, 2/5

submitted that pursuant to the filing of this Writ Petition, the authorities concerned have conducted a survey of the land in question and found that there are some encroachments in the aforesaid land. He further submitted that the encroachments will be removed within a time frame to be fixed by this Court.

3. The aforesaid submission of the learned Government Advocate appearing for the respondents 1 to 3 is not refuted by the learned counsel for the petitioner.

4. Recording the above submission, the Writ Petition is disposed of with a direction to the respondents 1 to 3 to proceed with removal of encroachment in question, after affording sufficient opportunity to the petitioner, respondents 4 to 10 and all other parties concerned and by following due process of law. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. No costs. [R.M.D., J.] [J.S.N.P., J.] 27.10.2022 Internet : Yes / No Index : Yes / No pkn 3/5

To

1. The District Collector, Collectorate, Thoothukud District, Thoothukudi.

2. The Thasildar, Eral Taluk, Thoothukudi District.

Thoothukudi.

3. The Executive Officer, Selection Grade Town Panchayat, Sayarpuram, Thoothukudi District.

4/5

R.MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD , J.

pkn W.P(MD)No.14898 of 2021 27.10.2022 5/5