Madras High CourtWP(MD)/17323/2020disposed of

Ramaiayan v. The District Collector

2020-12-02Honourable Mr Justice N. Kirubakaran,Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE N. KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI Ramaiayan ... Petitioner Vs.

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Revenue Divisional Officer, Aruppukottai,

3. The Deputy Superintendent of Police, Thiruchuli Sub Division,

4. The Tahsildar, Aruppukottai Taluk,

5. The Tahsildar, Thiruchuli Taluk,

6. The Head Surveyor, Taluk Office, Thiruchuli,

7. The Block Development Officer, Thiruchuli,

8. The Sub Inspector of Police, Thiruchuli Police Station,

9. Malairajan ... Respondents Writ Petition filed under Article 226 of the Constitution of India, for the issuance of writ of Mandamus, to direct the 1/5

respondent Nos.4 and 5 to remove the encroachment made by the 9th respondent at Vandipathai Road, comprised in Survey Nos.291/5, 277 and 302, which being the part and parcel of the irrigation Reservoir/Tank, namely, Pannikundu Kanmoi situated at Pannikundu Village, Puliyuran Panchayat, Aruppukottai Revenue Division, For Petitioner : Mr.A.Balaji For Respondents : Mr.K.Mu.Muthu, Additional Government Pleader for R1 to R6 and R8 Mr.Jeyakumar, Additional Government Pleader for R7

ORDER

[Order of the Court was made by N. KIRUBAKARAN, J.] This writ petition has been filed by the petitioner seeking for the issuance of a Writ of Mandamus, to direct the respondent Nos.4 and 5 to remove the encroachment made by the 9th respondent at Vandipathai Road, comprised in Survey Nos.291/5, 277 and 302, which being the part and parcel of the irrigation Reservoir/Tank, namely, Pannikundu Kanmoi situated at Pannikundu Village, Puliyuran Panchayat, Aruppukottai Revenue Division, Virudhunagar District.

2. When the matter is called today, Mr.K.Mu.Muthu, learned Additional Government Pleader, submits that 4 feet has been encroached upon by the 9th respondent by putting up asbestos sheet in the pathway.

3. When the official respondents have already found that there is an encroachment, it is their bounden duty to remove the encroachment, after giving notice and an opportunity of hearing to all the encroachers, including the private respondent, within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the above observation, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS I) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/5

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