Sundarapandian v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI and W.M.P.(MD) No.13641 of 2019 Sundarapandian ... Petitioner -vs1.The District Collector, Office of the District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Srirengam Taluk, Vannanthurai, 3.The Tahsildar, Marungapuri Taluk, 4.The Special Officer, Palakurichi Panchyat, Marungapuri Taluk, 5.D.Manickam ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining the impugned order in Na.Ka.No.Aa2/3388/2017 dated 25.07.2019, passed by the 4th respondent and quash the same as illegal.

For Petitioner :

Mr.S.A.Ajmalkhan For Respondents 1 to 4 :

Mr.M.Murugan Government Advocate 1/3

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.S.A.Ajmalkhan, learned counsel appearing for the petitioner and Mr.M.Murugan, learned Government Advocate appearing for the respondents 1 to 4.

2.By consent on either side, this Writ Petition is taken up for final hearing. In view of the order we propose to pass, notice to 5th respondent is dispensed with.

3.By way of this Writ Petition, the petitioner challenges the impugned order dated 25.07.2019, stating that no proper notice was given and no survey was conducted.

4.The Written Instruction given to the learned Government Advocate appearing for the respondents 1 to 4 and the photographs produced clearly shows that unauthorizedly the road margin was encroached and under the guise of putting weekly market, people were carrying on trade illegally. The photographs shows that the encroachments have been removed, board was erected and fence were put up. Therefore, we are not inclined to entertain this Writ Petition.

5.Accordingly, the Writ Petition is dismissed. Consequently, connected Miscellaneous Petition is also dismissed. No costs. Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS) sj To 1.The District Collector, Office of the District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Srirengam Taluk, Vannanthurai, 2/3

3.The Tahsildar, Marungapuri Taluk, 4.The Special Officer, Palakurichi Panchyat, Marungapuri Taluk, +1 CC to M/s.S.A.AJMAL KHAN, Advocate ( SR-88096[F] dated 20/09/2019 +1 CC to M/s.SPL GP ( SR-88386[F] dated 20/09/2019 ) and W.M.P.(MD) No.13641 of 2019 19.09.2019 JMN(04.10.2019) 3P : 7C 3/3