G.Gopalsamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.2458 of 2017 G.Gopalsamy .. Petitioner Vs.

1.The District Collector cum-Inspector of Panchayat, Virudhunagar, Virudhunagar District.

2.The Sub-Collector, Sivakasi, Virudhunagar District.

3.The Block Development Officer, Village Panchayat, Sattur, Virudhunagar District.

4.The Tahsildar, Taluk Office, Sattur, Virudhunagar District.

5.The Special Officer, Nallamanayakkanpatti Village Panchayat, Appanayakkanpatti Post, Sattur Taluk, Virudhunagar District.

6.S.Pandiyammal .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents from 1 to 4 to remove the encroachment made by the sixth respondent in the common pathway in S.No.153(8/9) in Nallamanayakkanpatti Village, Appanayakkanpatti Post, Sattur Taluk, Virudhunagar District within the time stipulated by this Court. For Petitioner : Mr.P.M.Vishnuvarthanan For Respondents : Mr.K.Guru, 1,2 and 4 Additional Government Pleader.

For Respondents 3 and 5 : Mr.S.Sadeeshkumar, Additional Government Pleader.

For Respondent No.6 : No appearance https://hcservices.ecourts.gov.in/hcservices/

ORDER

[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents to remove encroachments which are in existence in S.No.153(8/9) in Nallamanayakkanpatti Village, Appanayakkanpatti Post, Sattur Taluk, Virudhunagar District, by way of issuing a writ of mandamus. 2.The learned counsel appearing for the petitioner has contended to the effect that the petitioner has given a representation on 07.02.2017 with regard to alleged encroachments which are in existence in Survey No.153(8/9), but the same has not been considered by the respondents 1 to 5 and therefore the present writ petition has been filed for getting the relief sought therein. 3.

Considering the nature of the relief sought in the writ petition, this Court is inclined to pass the following order. 4.In fine, this writ petition is allowed in part without costs and the fourth respondent is directed to look into the representation dated 07.02.2017 alleged to have been given by the petitioner and dispose of the same within a period of one month. Sd/- Assistant Registrar (AD-II) /True copy/ Sub Assistant Registrar To 1.The District Collector cum-Inspector of Panchayat, Virudhunagar, Virudhunagar District.

2.The Sub-Collector, Sivakasi, Virudhunagar District.

3.The Block Development Officer, Village Panchayat, Sattur, Virudhunagar District.

4.The Tahsildar, Taluk Office, Sattur, Virudhunagar District.

5.The Special Officer, Nallamanayakkanpatti Village Panchayat, Appanayakkanpatti Post, Sattur Taluk, Virudhunagar District.

+1 CC to M/s.P.M.VISHNUVARTHANAN, Advocate, SR No. 17208 +1 CC to M/s.THE SPECIAL GOVERNMENT PLEADER , SR No. 17596 SMN PSM/SV-MMS/13.04.2017/2P/8C ORDER MADE IN W.P(MD)No.2458 of 2017 23.03.2017 https://hcservices.ecourts.gov.in/hcservices/