Madras High CourtWP(MD)/17840/2022disposed of

Vivek Sam Sundar Raj v. The District Collector

2025-01-20Honourable Mr Justice G.K. Ilanthiraiyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P(MD)No.17840 of 2022 and W.M.P(MD)No.13027 of 2022 1.Vivek Sam Sundar Raj 2.Herold Samjith represented by their Power Agent for petitioners R.Justin Sundar ... Petitioners Vs 1.The District Collector, Kanyakumari District, Nagercoil.

2.The Assistant Director(Village Panchayat), Collectorate Campus, Nagercoil.

3.The Block Development Officer, Kurunthancode Panchayat Union, Kurunthancode, Kanyakumari District.

4.The President, Kurunthancode Village Panchayat, Kurunthancode, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents to remove the Anganvadi building constructed un-authorizedly in the 1/4

land of the Petitioners comprised in R.S.No.124/7 of Kurunthancode A Villae, Kalkulam Taluk ad-measuring an extent of 4 cents or in the alternative adequately compensate them.

For Petitioner : Mr.C.T.Perumal For RR 1 & 2 : Mr.D.Gandhiraj Special Govt.Pleader For RR - 3 & 4 : Mr.S.Shaji Bino Special Govt.Pleader

ORDER

This Writ Petition has been filed for a direction, directing the respondents to remove the Anganvadi building constructed unauthorizedly in the land of the Petitioners comprised in R.S.No. 124/7 of Kurunthancode A Villae, Kalkulam Taluk ad-measuring an extent of 4 cents or in the alternative adequately compensate them. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.Without expressing any opinion on the merits of the Writ Petition, the first respondent is directed to conduct an enquiry on the representation submitted by the Petitioner on 21.06.2021, after affording an opportunity of hearing to the petitioner and the 2/4

respondents 3 and 4 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

4.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

20.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes vsn To 1.The District Collector, Kanyakumari District, Nagercoil.

2.The Assistant Director(Village Panchayat), Collectorate Campus, Nagercoil.

3.The Block Development Officer, Kurunthancode Panchayat Union, Kurunthancode, Kanyakumari District.

4.The President, Kurunthancode Village Panchayat, Kurunthancode, Kanyakumari District.

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G.K.ILANTHIRAIYAN, J.

vsn Order made in W.P(MD)No.17840 of 2022 and W.M.P(MD)No.13027 of 2022 20.01.2025 4/4