W.Jesudian, S/O. J. Williams, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.09.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.18868 of 2016 W.Jesudian ... Petitioner Vs.

1.The District Collector, Tuticorin District, Collectorate, Korampallam, Tuticorin.

2.The Commissioner, Tuticorin Corporation, Tuticorin.

3.Poojaimani 4.Senthamil Selvan 5.Arunachalam ... 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 & 2 to remove the encroachment put up by the respondents 3 to 5 in Sivanthakulam Middle Street, Tuticorin (Melavittan-2 Village, Survey No.858), to an extent of 55 feet length and 22 feet breadth in public road by considering the petitioner's petition filed under Section 7 of Tamil Nadu Land Encroachment Act, 1905 within a stipulated time. For Petitioner : Ms.Benazir Begum For Respondents : Mr.T.S.Md.Mohideen, Addl.Govt.Pleader for R1 Mr.S.Saji Bino for R2 Mr.S.Siva Ilayaraja for R3 to R5

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J.) The writ petitioner seeks removal of the encroachment committed by the respondents 3 to 5 herein in Sivanthakulam Middle Street, Tuticorin.

https://hcservices.ecourts.gov.in/hcservices/ 2.The writ petitioner has given elaborate particulars both in the affidavit filed in support of the writ petition as well as in

the typed set of papers. He has already moved the authorities. He scrupulously followed the procedure set out in G.O.Ms.No.540, Revenue LD6(2) Department, dated 04.12.2014. But, till date there has not been any progress. Therefore he has filed the present writ petition.

3.This Court directs the second respondent to enquire into the matter. If encroachment as alleged by the writ petitioner is noticed, then the same shall be removed of course after issuing notice to the concerned encroachers and by following the statutory procedure. The entire exercise shall be completed within the period of three months from the date of receipt of a copy of this order.

4.This writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Tuticorin District, Collectorate, Korampallam, Tuticorin.

2.The Commissioner, Tuticorin Corporation, Tuticorin.

+One cc to Ms.M.Benazir Begum, Advocate, SR.No.78868 skm/Arul RL/4C/2P/KK/SAR1/10/10/2017 W.P(MD)No.18868 of 2016 08.09.2017 https://hcservices.ecourts.gov.in/hcservices/