Meljora.M v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 19/12/2024
CORAM
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE L.VICTORIA GOWRI W.P.(MD). No.16819 of 2021 M.Meljora ...
Petitioner -vs1 The District Collector, Thoothukudi District 2 The Assistant Director of Panchayats, Thoothukudi.
3 The Block Development Officer, Alwarthirunagari Panchayat Union, Thoothukudi District 4 Mrs.Shobia, The Panchayat President / Executive Officer, Punnaikayal Panchayat, Tiruchendur Taluk, Thoothukudi District.
...
Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, to call for the records pertaining to the impugned communication made by the 3rd respondent vide his letter in A3/2649/2021, dated 04.09.2021, and quash the same. 1/5
For Petitioner : Mr.R.Anand For Respondents 1 to 3 : Mr.P.Thilak Kumar, Govt. Pleader.
ORDER
(Order of the Court was made by the Hon'ble The Chief Justice) Petitioner has impugned the notice, dated 04.09.2021, in which it is alleged that petitioner has encroached upon Survey No.93/17. The impugned notice has also been issued, as stated in the notice, in view of an order passed by a Co-ordinate Bench of this Court on 09th August,2021, in W.P.(MD) No.13680 of 2021.
2. Counsel for petitioner states that the order of this Court passed on 09th August,2021, referred to earlier, pertains to encroachment upon the pathway in Survey No.86/28 of South Street, Punnaikayal Village, Tiruchendur Taluk, and has nothing to do with Survey No.93/17.
3. Learned Government Pleader states that even though the impugned letter wrongly quotes the order passed by the Division Bench in W.P.(MD) No.13680 of 2021, the fact that the petitioner is an 2/5
encroacher cannot be disputed. Learned Government Pleader states that his instructions are, encroachment in Survey No.96/17 has already been removed and nothing would survive in the petition.
4. Counsel for petitioner states, he has no instructions.
5. We dispose of the Writ Petition with liberty to petitioner to take steps, as advised, in accordance with law, in case the encroachment has been removed. No costs. Consequently, the connected W.M.P.(MD) Nos.13703 and 13704 of 2021 are closed. (K.R.SHRIRAM, C.J.) (L.VICTORIA GOWRI, J.) 19.12.2024 NCC : Yes/No Index : Yes/No dixit 3/5
To 1 The District Collector, Thoothukudi District 2 The Assistant Director of Panchayats, Thoothukudi.
3 The Block Development Officer, Alwarthirunagari Panchayat Union, Thoothukudi District 4/5
THE HON'BLE CHIEF JUSTICE AND L.VICTORIA GOWRI, J.
dixit WP(MD) No.16819 of 2021 Date : 19/12/2024 5/5