Madras High CourtWP(MD)/5372/2017partly allowed

T.Raja, S/O. Thangappa Nadar, v. The District Collector

2017-03-28Honourable Mr Justice N. Authinathan,Honourable Mr Justice A. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.5372 of 2017 T.Raja .. Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Block Development Officer, Sankarankovil,Tirunelveli District.

3.The Tahsildar, Sankarankovil,Tirunelveli District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 3 herein to consider the petitioner's representation dated 08.02.2017 with regard to removal of the encroachments put up in the Perumalpatti Village, Mangudi Kanmoi, Sankarankovil Taluk, Tirunelveli District in Survey No.38 and further to direct the respondents to maintain the same.

For Petitioner : Mr.P.Subbaraj For Respondents 1 & 3 : Mr.K.Guru, Additional Government Pleader.

ORDER

[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents 1 to 3 to consider the representation dated 08.02.2017 alleged to have been given by the petitioner with regard to removal of encroachments made in Survey No.38, by way of issuing a writ of mandamus. 2.Mr.K.Guru, learned Additional Government Pleader, has taken notice for the respondents 1 & 3. Considering the nature of the relief sought in the writ petition, notice need not be sent to the second respondent.

https://hcservices.ecourts.gov.in/hcservices/ 3.It is seen from the records that with regard to

encroachments, the petitioner has given a representation on 08.02.2017, but the same has not been considered. Under the said circumstances, this Court is inclined to pass the following order. 4.In fine, this writ petition is allowed in part without costs and the respondents 1 to 3 are directed to look into the representation dated 08.02.2017 and dispose of the same within a period of one month.

Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Block Development Officer, Sankarankovil,Tirunelveli District.

3.The Tahsildar, Sankarankovil,Tirunelveli District.

+1cc to M/S.P.Subbaraj, Advocate SR.No.19036 +1cc to Special Government Pleader, SR.No.19305 ORDER MADE IN W.P(MD)No.5372 of 2017 28.03.2017 JM/SKN RSK/SAR 2/05.04.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/