Madras High CourtWP(MD)/8364/2017disposed of

Raveendran, S/O.Shanmugam v. The District Collector

2017-08-02Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 02.08.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.8364 of 2017 Raveendran ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Thiruppathur Taluk, Sivagangai District.

3.Ayyappan ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 17.10.2016 to remove the encroachment made by the third respondent in the pathway situated in Survey No.413/21, 413/23 at Muraiyur Village Group, Thiruppathur Taluk, Sivagangai District. For Petitioner : Mr.K.R.Baduruszaman For Respondents : Mr.T.S.Md.Mohideen, AGP for R1 and R2 No appearance for R3

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J.) The writ petitioner is aggrieved by the encroachment stated to have been committed by the third respondent in the pathway situate in S.Nos.413/21, 413/23 at Muraiyur Village Group, Thiruppathur Taluk, Sivagangai District. He has given a representation to the second respondent on 17 October 2016. The writ petitioner has enclosed materials to show that S.Nos.413/21 and 413/23 are categorised as poramboke.

https://hcservices.ecourts.gov.in/hcservices/ 2.We therefore direct the second respondent to enquire into the representation dated 17 October 2016 submitted by the

petitioner. If, upon enquiry, it comes to be known that there is encroachment committed by the third respondent, the second respondent herein shall take action for removing the same. It is needless to add that the second respondent shall follow due process of law before causing removal of such encroachment. The entire exercise shall be completed within three months from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CSIII) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Thiruppathur Taluk, Sivagangai District.

+One cc to Mr.K.R.Baduruszaman, Advocate, SR.No.69892 +One cc to The Special Government Pleader, SR.No.70597 skm/Arul RL/5C/2P/KK/SAR1/22/8/2017 W.P(MD)No.8364 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 02.08.2017