A. Pitchai v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD A.Pitchai ... Petitioner vs.

1.The District Collector, Madurai District, Madurai.

2.The District Revenue Officer, Madurai District, Madurai.

3.The Revenue Divisional Officer, Madurai, Madurai District.

4.The Tahsildar, Thirumangalam Taluk, Madurai District.

5.R.Karuppiah 6.R.Malaichamy 7.Pandiammal 8.Vijaya 9.Mahararajan ... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment made by the respondents 5 to 9 in the Government poramboke land situated in Survey No.260/3, Thangalacheri, Thirumangalam Taluk, Madurai District, based on the petitioner's representation, dated 11.11.2020.

For Petitioner : Mr.T.Veerakumar For RR 1 to 4 : Mr.S.P.Maharajan Special Government Pleader For RR 5 to 7 : Mr.S.Ayyanar Premkumar For RR 8 & 9 : Mr.G.Kalidoss

ORDER

(Order of the Court was made by R.MAHADEVAN, J.) The prayer in this Writ Petition is for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment made by the respondents 5 to 9 in the Government poramboke land situated in Survey No.260/3, Thangalacheri, Thirumangalam Taluk, Madurai District, based on the petitioner's representation, dated 11.11.2020. 2.The learned counsel appearing for the petitioner submitted that though the petitioner made a representation, dated 11.11.2020 to the 2/5

official respondents seeking for removal of encroachment made by the respondents 5 to 9, till date, no steps have been taken. Hence, this Writ Petition.

3.The learned Special Government Pleader appearing for the respondents 1 to 4 submitted that the petitioner's representation dated 11.11.2020 would be considered and appropriate action will be taken in accordance with law.

4. In view of the above, without going into the merits of the claim made by the petitioner, the authorities concerned are directed to consider the representation of the petitioner, dated 11.11.2020 and pass appropriate orders, on merits and in accordance with law. If there is any encroachment as claimed by the petitioner, after issuing notice and conducting survey in the presence of the petitioner and all other parties including the respondents 5 to 9, the authorities concerned are directed to take necessary action for removal of encroachment, after affording sufficient opportunity of personal hearing to all the parties and by following due process of law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

3/5

5. With the above direction, this Writ Petition is disposed of. No costs.

[R.M.D.,J.] [J.S.N.P.,J.] Index : Yes / No 24.11.2022 Internet : Yes ps To 1.The District Collector, Madurai District, Madurai.

2.The District Revenue Officer, Madurai District, Madurai.

3.The Revenue Divisional Officer, Madurai, Madurai District.

4.The Tahsildar, Thirumangalam Taluk, Madurai District.

4/5

R.MAHADEVAN ,J.

and J.SATHYA NARAYANA PRASAD,J.

ps ORDER MADE IN DATED : 24.11.2022 5/5