A.M.Gunasekaran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 08.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.[MD].No.14667 of 2016 B.M.Gunasekaran ... Petitioner Vs.

1.The District Collector, Collectorate Office, Theni, Theni District.

2.The Block Development Officer, Cumbam Panchayat Union, Cumbam, Theni District.

3.The Block Development Officer, (Village Panchayat), Cumbam Panchayat Union, Cumbam, Theni District.

4.The Sub Inspector of Police, Guddalore South Police Sation, Guddalor, Theni District.

5.S.Umarani 6.P.Seyarkai Chandran 7.A.Thangadurai ... Respondents PRAYER : Writ Petition is filed under Article 226 of Constitution of India, praying for issuance of writ of Mandamus, directing the respondents 1 to 4 remove the encroachment made by the seventh respondent in the building constructed in Survey No.440, Kullappagoundanpatti, Uthamapalayam Taluk, Theni District and restore the same as Veterinary Clinic within a time limit as stipulated by this Court.

For Petitioner : Mr.P.Gunasekaran https://hcservices.ecourts.gov.in/hcservices/ For Respondents : Mr.M.Govindan, Special Government Pleader.

O R D E R

[Order of the Court was delivered by G.R.SWAMINATHAN, J.] This Writ Petition has been filed for removal of the encrochments alleged to have been made by the seventh respondent in Survey No.440 Kullappagoundanpatti, Uthmapalayam Taluk, Theni District.

2. The specific case of the Writ Petitioner is that a Veterinary Clinic was functioning in the said building and that it belongs to the Government. But, the seventh respondent is alleged to have converted the same in to post office and getting rent there from.

3.In this regard, the petitioner has given a representation dated 21.06.2016 to the first respondent. The first respondent is directed to enquire into the matter. If the allegations made by the Writ Petitioner are found to be true, appropriate steps will have to be taken to recover the land and the building. 4.The first respondent shall pass appropriate orders, in accodance with law on the petitioner's representation dated 21.06.2016 within a period of two months from the date of receipt of a copy of this order. Accordingly, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar.

To 1.The District Collector,Collectorate Office,Theni,Theni District. 2.The Block Development Officer,Cumbam Panchayat Union, Cumbam, Theni District.

3.The Block Development Officer,(Village Panchayat), Cumbam Panchayat Union,Cumbam, Theni District. 4.The Sub Inspector of Police,Guddalore South Police Sation, Guddalor, Theni District.

+1CC to Mr.P.Gunasekaran, Advocate, SR.No.77788 +1CC to the Special Government Pleader SR.No. 78046 W.P.[MD].No.14667 of 2016 08.09.2017 gsp/gns AM/KK/SAR 2/27.09.2017/2P/7C https://hcservices.ecourts.gov.in/hcservices/