Thayar Sulthan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.2701 of 2017 Thayar Sulthan .. Petitioner Vs.

1. The District Collector, Dindigul District.

2. The Revenue Divisional Officer, Palani, Dindigul District.

3. The Tahsildar, Palani Taluk, Dindigul District.

4. The Executive Officer, Ayakudi Town Panchayat, Palani Taluk, Dindigul District.

.. 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 to take action for removing encroachments at Ottar Street, Obulapuram, Ayakudi Town Panchayat as per the proceedings of the fourth respondent in Na.Ka.No.360/2015/Tha.A dated 04.11.2016.

For Petitioner : Mr.D.Venkatesh For Respondents 1 to 3 : Mr.K.Guru, Additional Government Pleader.

For Respondent No.4 : Mr.Aayiram K.Selvakumar

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 Ottar Street, Obulapuram, https://hcservices.ecourts.gov.in/hcservices/

Ayakudi Town Panchayat in pursuance of the proceedings dated 04.11.2016 passed in Na.Ka.No.360/2015/Tha.A issued by the fourth respondent, by way of issuing a writ of mandamus. 2.It is seen from the records that the fourth respondent has already taken eviction proceedings.

But actually encroachments have not been removed.

Under the said circumstances, the present writ petition has been filed. 3.Considering the proceedings taken by the fourth respondent and also considering the fact that the encroachments so far have not been removed, this Court is inclined to pass the following order.

4.In fine, this writ petition is allowed without costs and the respondents are directed to remove encroachments as per the proceedings dated 04.11.2016 passed by the fourth respondent within a period of two months.

Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Dindigul District.

2. The Revenue Divisional Officer, Palani, Dindigul District.

3. The Tahsildar, Palani Taluk, Dindigul District.

4. The Executive Officer, Ayakudi Town Panchayat, Palani Taluk, Dindigul District.

+ 1 CC TO Mr.D.VENKATESH, ADVOCATE IN SR No. 53677 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 53385 SMN TE/MR/SAR-IV : 27/04/2017 : 2P/7C ORDER MADE IN W.P(MD)No.2701 of 2017 20.04.2017 https://hcservices.ecourts.gov.in/hcservices/