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Madras High CourtWP(MD)/13995/2016disposed of

L.Pitchaimuthu, D.No.1-2-29 v. The District Collector

2017-07-24Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.13995 of 2016 L.Pitchaimuthu .. Petitioner Vs.

1.The District Collector, 2.The Revenue Divisional Officer, 3.The Tahsildar, Aathur Taluk, 4.The Special Tahsildar, (Adi-Dravidar Welfare), Unit - I, 5.The Executive Officer, Chinnalapatti Town Panchayat, Chinnalapatti, 6.K.Stalin 7.A.Chokkalingam 8.P.Subramani 9.Dhandapani .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachments caused by the respondents 6 to 9 by constructing building on the street margin and obstructing the pathway in Sf.No.208, Adidravidar Colony, North Veeramma Koil Street, Chinnakalikampatti Village, 1st Ward, Chinnalampatti Town Panchayat, Aathur Taluk, Dindigul District within a time frame

fixed by this Court on the basis of the representation of the petitioner, dated 05.07.2016.

For Petitioner : Mr.B.Saravanan For RR 1 to 4 : Mr.T.S.Mohammed Mohideen, Additional Government Pleader.

For R - 5 : Mr.Raja Rajan For RR 6 to 9 : M/s.R.Sepane@Sree

ORDER

[Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this writ petition to direct the respondents 1 to 5 to remove the encroachment stated to have been caused by the respondents 6 to 9 in the public pathway in Sf.No.208, Adidravidar Colony, North Veeramma Koil Street, Chinnakalikampatti Village, 1st Ward, Chinnalampatti Town Panchayat, Aathur Taluk, Dindigul District.

2.We direct the respondents 3 and 4 to survey the land in question and indicate the encroached portion, after issuing notice to the respondents 6 to 9. The respondents 3 and 4 shall after survey, submit a report to the fifth respondent. The fifth respondent, shall thereafter take immediate action for removal of encroachment, after issuing notice to the alleged encroachers. Such exercise shall be completed within a period of four months from the date of receipt of a copy of this order. 3.The Writ Petition is disposed of with the above observation. No costs.

Sd/- Assistant Registrar(AD-II) /True copy/ Sub Assistant Registrar To 1.The District Collector, 2.The Revenue Divisional Officer,

3.The Tahsildar, Aathur Taluk, 4.The Special Tahsildar, (Adi-Dravidar Welfare), Unit - I, 5.The Executive Officer, Chinnalapatti Town Panchayat, Chinnalapatti, +1cc to Mr.B.Saravanan,Advocate,SR. 67336 +1cc to M/S.Special Government Pleader,SR. 67890 W.P.(MD)No.13995 of 2016 24.07.2017 PS/SM KK/SKN RSK/SAR1/28.07.2017/3P-8C/