Thavamani v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI (Through Video Conferencing) Thavamani : Petitioner Vs.
1.The District Collector 2.The Superintendent of Police, 3.The Tahsildar, Manamelkudi Taluk 4.The Block Development Officer, Panchayat Union, Manamelkudi Pudukottai District 5.The Inspector of Police, Jegathapattinam Police Station 6.The Revenue Inspector, Kottaipattinam Division, Manamelkudi Taluk, Pudukottai District.
7.The Village Administrative Officer, Sathiyadi Vilalge,Manamelkudi Taluk 8.Kamalam 9.Ganesan 10.Sivamani 11.Ramanathan 12.Asokan : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the respondents 1 to 7 to take appropriate action to remove the encroachments made in the common pathway situated in survey no.35/38 at the Sathiyadi Village, Ambalavanenthal post, Manamelkudi Taluk, Pudukottai District and subsequently take appropriate action against the respondent Nos.8 to 12, who are the encroachers within a stipulated time as may be fixed by this Court. For Petitioner : Mr.S.Ayyanar Premkumar For Respondents : Mr.K.Mu.Muthu for R1 to R3 Additional Government Pleader Mr.C.Ramesh for R4 Special Government Pleader 1/3
ORDER
(Order of the Court was made by M.M.SUNDRESH, J.) Heard the learned counsel for the parties.
2. This is a case of encroachment in existence for number of years. The proceedings have been initiated by the respondent No.4 as early as on 17.09.2019. Thereafter, police complaints have been given by the respondents 5 and 7. The petitioner made another representation to the respondents 1 and 2 on 12.09.2020. Despite the same, nothing has happened on the same.
3. In such view of the matter, we direct the respondent No.4 to take appropriate action towards evicting the private respondents, of course, after following due procedure, based upon the findings, if they are encroachers. Needful will have to be done within eight weeks from the date of receipt of a copy of this order. For undertaking the said exercise, the respondent NO.4 shall have the assistance of the police. The petitioner can approach the police for protection, as it is submitted by the learned counsel for the petitioner that her life is in threat and she is living in a different place. As and when such a request is made, the concerned police being satisfied with the need for protection shall render the same.
4. The writ petition stands closed accordingly. No costs. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) 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. RR To 1.The District Collector 2.The Superintendent of Police, 2/3
3.The Tahsildar, Manamelkudi Taluk 4.The Block Development Officer, Panchayat Union, Manamelkudi Pudukottai District 5.The Inspector of Police, Jegathapattinam Police Station 6.The Revenue Inspector, Kottaipattinam Division, Manamelkudi Taluk 7.The Village Administrative Officer, Sathiyadi Vilalge, Manamelkudi Taluk +1 CC to M/s.S.AYYANAR PREM KUMAR, Advocate ( SR-13077[F] dated 23/03/2021 ) +1 CC to M/s.SPL GP ( SR-13348[F] dated 24/03/2021 ) Order made in Dated: 23.03.2021 GS (22.04.2021) 3P 10C 3/3