Madras High CourtWP(MD)/1483/2016disposed of

A.Sugumaran, v. The District Collector,

2017-09-07Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.1483 of 2016 and W.M.P.(MD)No.1268 of 2016 A.Sugumaran ... Petitioner Vs.

1. The District Collector, kanyakumari District, Nagercoil.

2. The Revenue Divisional Officer, Nagercoil (Sub Divisional Magistrate), Kanyakumari District.

3. The Tahsildar, Thovalai Taluk, Boothapandi, Kanyakumari District.

4. S.Mohan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents from demolishing the southern side compound wall of the petitioner's property and destroying the 4(Four) feet the "Nilaviyal Kalvaai (Channel)" located in Survey No.294/6 without following the procedures established by law and directing the 2nd respondent to consider the petitioner's representations dated 19.07.2014, 25.12.2015 by invoking Section 133 Cr.P.C. For Petitioner : Mr.N.Sivakumar For Respondents 1 to 3 : Mr.T.S.Mohammed Mohideen Additional Government Pleader For 4th Respondent : Mr.S.Visvalingam https://hcservices.ecourts.gov.in/hcservices/

O R D E R

*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioner apprehends that his compound wall will be demolished without following due process of law and he has also contended that the water channel located in Survey No.294/6 should be maintained. He has given a representation to the third respondent in this regard on 25.12.2015.

2.The third respondent shall follow due process of law before taking action against the writ petitioner. He should also pass orders on the petitioner's representation dated 25.12.2015. The entire exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

3. This Writ Petition is accordingly disposed of. No costs. Consequently connected miscellaneous petition is closed. Sd/- Assistant Registrar (AD-II) /True Copy/ Sub Assistant Registrar To

1. The District Collector, kanyakumari District, Nagercoil.

2. The Revenue Divisional Officer, Nagercoil (Sub Divisional Magistrate), Kanyakumari District.

3. The Tahsildar, Thovalai Taluk, Boothapandi, Kanyakumari District.

+ 1 CC TO Mr.S.VISVALINGAM, ADVOCATE IN SR No. 77235 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 77990 + 1 CC TO Mr.N.SIVAKUMAR, ADVOCATE IN SR No. 77760 RMI TE/KK/SAR-II : 27/09/2017 : 2P/7C ORDER MADE IN W.P.(MD)No.1483 of 2016 and W.M.P.(MD)No.1268 of 2016 07.09.2017 https://hcservices.ecourts.gov.in/hcservices/