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Madras High CourtWP(MD)/20134/2018disposed of

Karupasamy v. The District Collector

2018-09-20Honourable Mr Justice T.Raja,Honourable Mr Justice Krishnan Ramasamy2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.09.2018 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA AND THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P(MD)No.20134 of 2018 Karuppasamy ... Petitioner vs.

1.

The District Collector, Virudhunagar District, Virudhunagar.

2.

The District Revenue Officer, Virudhunagar District, Virudhunagar.

3.

The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

4.

The Tahsildar, Sivakasi Taluk, Virudhunagar District.

5.

Diraviam ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus to direct the respondents 1 to 4 herein to remove the encroachment made by the 5th respondent in Vadiyur Village, Mudalipatti Post, Sivakasi Taluk, Virudhunagar District.

For Petitioner : Mr.M.Jothibasu For Respondents : Mr.V.Anand Government Advocate

ORDER

(Order of the Court was made by T.RAJA, J.) This Writ Petition has been filed to direct the respondents 1 to 4 herein to remove the encroachment made by the 5th respondent in Vadiyur Village, Mudalipatti Post, Sivakasi Taluk, Virudhunagar District.

2.Learned counsel for the petitioner drawing the attention of this Court to the photograph taken on the alleged encroachment, submitted that the common pathway has been completely blocked by https://hcservices.ecourts.gov.in/hcservices/

constructing a shed by the fifth respondent. He has also submitted a detailed representation to the fourth respondent. However, the same has not been considered so far, he submitted. 3.Learned Government Advocate, taking notice on behalf of the respondents, submitted that the petitioner's representation will have to be considered, after giving notice to the fifth respondent. Therefore, the fourth respondent may be directed to consider the said representation, he pleaded.

4. In view of the said submission, the fourth respondent is directed to consider the petitioner's representation dated 09.04.2018 for removal of the encroachment said to have been put by the fifth respondent, after giving notice and hearing the fifth respondent. The said exercise shall be done within a period of four weeks from the date of receipt of a copy of this order. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.

The District Collector, Virudhunagar District, Virudhunagar.

2.

The District Revenue Officer, Virudhunagar District, Virudhunagar.

3.

The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

4.

The Tahsildar, Sivakasi Taluk, Virudhunagar District.

+1cc to Mr.M.Jothibasu, Advocate Sr.No.85920 RR VB/RSK/SAR4/08.10.2018/2P/6C W.P(MD)No.20134 of 2018 20.09.2018 https://hcservices.ecourts.gov.in/hcservices/