M.Senthilkumar, v. The District Collectgor

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA AND THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P(MD)No.20844 of 2018 M.Senthilkumar ... Petitioner Vs.

1.The District Collector, 2.The Tahsildar, Nilakottai Taluk Office, 3.The Inspector of Police, Viru Veedu Police Station, 4.Malaichamy 5.Chandran ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Mandamus to direct the respondents 1 and 2 herein to remove the encroachments made by the respondents 4 and 5 in the Government Nilaviyal Vandipathai comprised in S.Nos.239/1 B and 239/2 situated at Viru Veedu Village, Nilakottai Taluk, Dindigul District with the protection from the third respondent police within the time stipulated by this Court.

For Petitioner : Mr.R.Suresh Kumar For Respondents : Mr.K.Chellapandian Additional Advocate General assisted by Mr.V.Anand Government Advocate for R.1 to R.3 * * * * *

ORDER

[Order of the Court was made by T.RAJA,J.] This writ petition has been filed seeking a writ of Mandamus to direct the respondents 1 and 2 herein to remove the encroachments made by the respondents 4 and 5 in the Government Nilaviyal Vandipathai comprised in S.Nos.239/1 B and 239/2 situated at Viru Veedu Village, Nilakottai Taluk, Dindigul District with the protection from the third respondent police within the time stipulated by this Court.

2. By consent, the writ petition is taken up for final disposal.

3. Heard the learned Counsel for the parties.

4. Mr.K.Chellapandian, learned Additional Advocate General assisted by Mr.V.Anand, learned Government Advocate appearing for the respondents 1 to 3, producing the copies of photographs showing the removal of alleged encroachments, submitted that the alleged encroachments have been removed and the encroachers including the petitioner have been warned with heavy instructions that if they repeat the encroachments on the same place, they will be prosecuted criminally. The said submission is placed on record.

5. In view of the above, this writ petition is dismissed as infructuous. However, liberty is given to the petitioner to work out his remedy in accordance with law as and when encroachments are made. No costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS-IV) To 1.The District Collector, 2.The Tahsildar, Nilakottai Taluk Office,

3.The Inspector of Police, Viru Veedu Police Station, +1 CC To MR.R.SURESH KUMAR, Advocate SR. NO. 90087 +1 CC TO The Special Government Pleader SR.NO. 90201 W.P(MD)No.20844 of 2018 10.10.2018 RSB TR/RP/SAR-IV(27.10.2018)P3 6C