Madras High CourtWP(MD)/2079/2016disposed of

S.Dhanush Kodi v. The Distric Collector

2017-07-24Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.2079 of 2016 and W.M.P(MD)No.1794 of 2016 S.Dhanush Kodi .. Petitioner Vs.

1. The District Collector, Sivagangai District, Sivagangai.

2. The Revenue Divisional Officer, Sivagangai District, Sivagangai.

3. The Tahsildar, Taluk Office, Kalayarkovil Taluk, Sivagangai District.

4. The President, Keelapidavur Village Panchayat, Manamadurai Panchayat Union, Sivagangai District.

5. Ari Devan

6. Rajanckam .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the obstruction made by the respondents 5 and 6 and his henchmen in Survey No.159/5, K.Perunkarai Village, Kalaiyarkovil Taluk, Sivagangai District.

For Petitioner : Mr.M.Saravana Kumar For RR 1 to 3 : Mr.T.S.Mohammed Mohideen, Additional Government Pleader.

For R - 4 : No appearance For RR 5 & 6 : No appearance

ORDER

[Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this writ petition to direct the third respondent to remove the encroachment stated to have been caused https://hcservices.ecourts.gov.in/hcservices/

by the respondents 5 and 6 by encroaching the land in Survey No.159/5, K.Perunkarai Village, Kalaiyarkovil Taluk, Sivagangai District.

2.The counter-affidavit filed by the Tahsildar, Kalaiyarkoil, clearly indicates that the respondents 5 and 6 have made construction by obstructing the public street. 3.We direct the third respondent to take immediate action for removal of encroachment by issuing notice to the respondents 5 and 6. In case, the third respondent has already initiated proceedings, the same shall be expedited and final order shall be passed within a period of two months from the date of receipt of a copy of this order.

4.The Writ Petition is disposed of with the above direction. No costs.

Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Sivagangai District, Sivagangai.

2. The Revenue Divisional Officer, Sivagangai District, Sivagangai.

3. The Tahsildar, Taluk Office, Kalayarkovil Taluk, Sivagangai District.

+1cc to Mr.M.Saravana Kumar, Advocate Sr.No.67223 +1cc to V.Kannan, Advocate SR.No.67908 +1cc to The Spl.Government Pleader SR.No.67928 PS/SM VB/SKN/RSK/SAR2/03.08.2017/2P/7C W.P.(MD)No.2079 of 2016 24.07.2017 https://hcservices.ecourts.gov.in/hcservices/