Alagumani v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE B.GOKULDAS W.P(MD)No.13560 of 2016 Alagumani : Petitioner Vs.

1.The District Collector, Thanjavur District.

2.The Tahsildar, Kumbakonam, Thanjavur District.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to take immediate action to remove the illegal encroachments made on the National Highways Government poramboke property situated in front of the property comprised in Survey Nos.190/1 and 187/6 covered under Patta No.230, situated at Valayapettai, Bye Pass Road, opposite to Ponnayya Ramajayam School Kumbakkonam Taluk, Thanjavur District on the basis of the representation given by the petitioner dated 29.01.2016 within the time stipulated by this Court.

For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.S.Kumar, Additional Government Pleader ******

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner submitted a representation to the District Collector, Thanjavur District, way back on 29 January, 2016, requesting him to remove the encroachment on the side of public road, opposite to Ponnayya Ramajayam School, Kumbakonam and more particularly, near the property in Survey Nos.190/1, 187/6, Valayapettai, Thanjavur District. The District Collector forwarded the representation to the second respondent for appropriate action, as per proceedings dated 29 February, 2016. However, nothing was heard thereafter. The petitioner is, therefore, before this Court.

2. We have heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing on behalf of the respondents.

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3. We direct the first respondent to consider and dispose of the representation submitted by the petitioner on 29 January, 2016, on merits and as per law, of course, with notice to the encroachers. Such exercise shall be completed, within a period of three months from the date of receipt of a copy of this order.

4. The Writ Petition is disposed of with the above direction. No costs.

Sd/ Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar.

To 1.The District Collector, Thanjavur District.

2.The Tahsildar, Kumbakonam, Thanjavur District.

+1CC to M/S.B.Jameel Arasu, Advocate, SR.No. 40677 +1CC to the Special Government Pleader, SR.No. 40900 Order made in W.P(MD)No.13560 of 2016 Dated:

29.07.2016 SML AM/NGM.MP/SAR-III/03.08.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/