Murugan.P.K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.(MD)No.13412 of 2021 P.K.Murugan ... Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, 3.The Tahsildar, Vedasandur, 4.The Special Tahsildar,

Adi-Dravidar Welfare, 5.The Executive Officer, Eriodu Town Panchayat, 6.Shanmugarani ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachment made by the 6th respondent herein on the land allotted for common purpose of the petitioner's Barber Community's Association in Survey No.1091 situated at Eriodu Village, Vedasandur Taluk, Dindigul District based on petitioner's representation dated 10.06.2021.

For Petitioner :

Mr.G.Gomathi Sankar For Respondents :

Mr.G.V.Vairam Santhosh, Addl. Govt. Pleader for R1 to R5 Mr.S.Prabhu for R6

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachment made by the 6th respondent herein on the land allotted for common purpose of the petitioner's Barber Community's Association in Survey No.109,1 situated at Eriodu Village, Vedasandur Taluk, Dindigul District, based on petitioner's representation dated 10.06.2021.

2. The learned counsel for the petitioner submitted that though the petitioner made a representation on 10.06.2021 to the respondents seeking to remove the aforesaid encroachment, till date, no steps have been taken by the respondents to remove the said encroachment. Hence, the petitioner has filed this Writ Petition.

3. The learned Additional Government Pleader appearing for the respondents 1 to 5 submitted that the representation of the petitioner dated

10.06.2021 would be considered by the official respondents and appropriate action will be taken to remove the encroachment, if any, for which, the learned counsel for the petitioner is agreeable.

4. Recording the above submission, this Writ Petition is disposed of with a direction to the authorities concerned to consider and dispose of the representation of the petitioner dated 10.06.2021, on merits and in accordance with law. If there is any encroachment in the place in question, the authorities shall remove the same, after affording sufficient opportunity to all the parties concerned and by following due process of law. Such an exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

[R.M.D., J.] [J.S.N.P., J.] vsm 17.11.2022

To 1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, 3.The Tahsildar, Vedasandur, 4.The Special Tahsildar, Adi-Dravidar Welfare, 5.The Executive Officer, Eriodu Town Panchayat,

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

vsm 17.11.2022