K.Jeyaprakash, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5611 of 2017 K.Jeyaprakash : Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Tahsildar, Thiruvengadam Taluk, Thiruvengadam, Tirunelveli District.

3.The Block Development Officer, Kurivikulam Panchayat Union, Thiruvengadam Taluk, Tirunelveli District.

4.Marimuthu 5.Veerammal 6.Ponnammal : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing one to three respondents to remove the encroachments made by this respondents four to six, in the northsouth street, situated in S.No.1354/5 in Sevalkulam Village, in Thiruvengadam Taluk, in Tirunelveli District within a time frame, fixed by this Hon'ble Court.

For Petitioner : Mr.F.X.Eugene For R.1 & R.2 : Mr.M.Govindan Special Government Pleader For Respondent No.3 : Mr.S.Bharathi For R.4 to R.6 : Mr.R.Pandimaharaja For Mr.M.Arumugam *******

O R D E R

*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioner seeks removal of the encroachment said to have been made by the respondents four to six in northsouth https://hcservices.ecourts.gov.in/hcservices/

street, situated in S.No.1354/5 in Sevalkulam Village, in Thiruvengadam Taluk, in Tirunelveli District. 2.The writ petitioner has already submitted a representation in this regard on 28.10.2016. The second respondent is the competent authority to enquire into the matter. This Court therefore directs the second respondent to consider the representation dated 28.10.2016 submitted by the writ petitioner. The second respondent shall afford an opportunity of hearing to the respondents four to six and if it turned out that the land in question is a pathway, steps shall be taken to remove the same in accordance with law.

If the private respondents herein demonstrate that they have not put up any construction in any public pathway, the second respondent shall close the proceedings. 3.It is made clear that this Court has not expressed its opinion on the merits of the matter. It is for the Tahsildar to decide the issue one way or the other. The second respondent shall complete the entire exercise within a period of three months from the date of receipt of a copy of this order. 4.The Writ Petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Tahsildar, Thiruvengadam Taluk, Thiruvengadam, Tirunelveli District.

3.The Block Development Officer, Kurivikulam Panchayat Union, Thiruvengadam Taluk, Tirunelveli District.

+1cc to Special Government Pleader, SR.No.72909&72940 tsg MAS/JC/SAR2:09.10.2017:2P-5C Order made in W.P.(MD)No.5611 of 2017 dated: 16.08.2017 https://hcservices.ecourts.gov.in/hcservices/