Madras High CourtWP(MD)/15594/2016disposed of

A.Subramani v. The District Collector

2017-07-06Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.15594 of 2016 and W.M.P.(MD).Nos.11460 and 11461 of 2016 A.Subramani ... Petitioner Vs.

1. The District Collector, Collectorate, Dindigul District.

2. The Tahsildar, Vedachanthur Taluk, Dindigul District.

3. The Ayyaloor Town Panchayat, represented by the Executive Officer, Vedachanthur Taluk, Dindigul District.

4. Mr.P.Palanichamy ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 3 to remove the illegal encroachment made by the fourth respondent on the public pathway situated in Survey No.759/12, Kanthamaneyakkanur Village, Ayyaloor Post, Vedachanthur Taluk, Dindigul District and take necessary steps to enable utilisation of the public pathway by the villagers within the time stipulated by this Court.

For petitioner : Mr.S.Rajasekar For R1 & R2 : Mr.M.Govindan Special Government Pleader For R3 : Mr.M.Rajarajan Government Advocate https://hcservices.ecourts.gov.in/hcservices/

O R D E R

[Order of the Court was made by K.K.SASIDHARAN,J.] The petitioner filed the writ petition to direct the respondents 1 to 3 to take action against the fourth respondent for removal of encroachment made by him in respect of the public pathway situated in Survey No.759/12, Kanthamaneyakkanur Village, Ayyaloor Post, Vedachanthur Taluk, Dindigul District.

2. The learned Special Government Pleader on instructions submitted that the property in Survey No.759/12 is shown as Sarkar Poramboke land.

3. We direct the second respondent to consider and dispose of the representation submitted by the petitioner dated 08.08.2016, on merits and as per law after issuing notice to the fourth respondent. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order. The petitioner is directed to submit a copy of the representation dated 08.08.2016 along with copy of this order to the second respondent, so as to enable him to dispose of the matter as expeditiously as possible.

4. The writ petition is disposed of with the above direction. No costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (Protocol) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Collectorate, Dindigul District.

2. The Tahsildar, Vedachanthur Taluk, Dindigul District.

3. The Executive Officer, Ayyaloor Town Panchayat, Vedachanthur Taluk, Dindigul District.

+ 1 CC TO Mr.T.LAJAPATHI ROY, ADVOCATE IN SR No. 64203 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 64392 AKV TE/JC/SAR-II : 19/07/2017 : 2P/6C W.P.(MD)No.15594 of 2016 06.07.2017 https://hcservices.ecourts.gov.in/hcservices/