Muruganantham. A v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2022
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P(MD)No.15206 of 2022 A.Muruganantham ... Petitioner Vs.
1. The District Collector, Sivagangai District, Sivagangai.
2. The Revenue Divisional Officer, Devakottai, Sivagangai District.
3. The Tahsildar, Singampunari Taluk, Sivagangai District.
4. The Block Development Officer, Sigampunari Panchayat Union, Singampunari, Sivagnagai District.
5.Mahendiran 6.Chittammal ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 4 to take appropriate action to remove the encroachments made by the respondents 5 and 6 herein in 1/5
the Oorani Amman Kovil Road situated in Survey No.286/1, A.Kalapur Village, Singampunari Taluk, Sivagangai District by considering the petitioner's representation dated 07.02.2022.
For Petitioner : Mr.T.Veerakumar For Respondents 1 - 3 : Mr.P.Thilak Kumar Government Pleader For Respondents 4 : Mr.S.P.Maharajan Addl.Govt.Pleader No appearance : for R5 and R6
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 respondents 1 to 4 to take appropriate action to remove the encroachments made by the respondents 5 and 6 in the Oorani Amman Kovil Road situated in Survey No.286/1, A.Kalapur Village, Singampunari Taluk, Sivagangai District, by considering his representation dated 07.02.2022.
2. Today, when the matter was taken up for hearing, the learned Government Pleader appearing for the respondents 1 to 3, on instructions, submitted that pursuant to the filing of this Writ Petition, the authorities 2/5
concerned have conducted a survey in Oorani Amman Kovil Road, situated in Survey No.286/1, A.Kalapur Village, Singampunari Taluk, Sivagangai District and found that there are some encroachments in the aforesaid road. He further submitted that the encroachments will be removed by following due process of law, within a time frame.
3. The aforesaid submission of the learned Government Pleader 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 4 to proceed with removal of encroachment in question, after affording sufficient opportunity to the petitioner, respondents 5 and 6 and all other parties concerned and by following due process of law. Such an exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. No costs. [R.M.D., J.] [J.S.N.P., J.] 15.11.2022 Internet : Yes / No Index : Yes / No pkn 3/5
To
1. The District Collector, Sivagangai District, Sivagangai.
2. The Revenue Divisional Officer, Devakottai, Sivagangai District.
3. The Tahsildar, Singampunari Taluk, Sivagangai District.
4. The Block Development Officer, Sigampunari Panchayat Union, Singampunari, Sivagnagai District.
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R.MAHADEVAN, J.
and J.SATHYA NARAYANA PRASAD , J.
pkn W.P(MD)No.15206 of 2022 15.11.2022 5/5