Madras High CourtWP(MD)/18214/2020disposed of

R. Abuthakir v. The District Collector

2021-01-29Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.P.(MD)No.18214 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI W.P.(MD)No.18214 of 2020 (Through Video Conferencing) R.Abuthakir : Petitioner Vs.

1.The District Collector Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

3.The Tahsildar, Virudhunagar Taluk Office, Virudhunagar.

4.The Commissioner, Virudhunagar Municipality, Virudhunagar.

5.The Correspondent, Hajee P.Syed Mohamed Higher Secondary School TTK Road, Virudhunagar District.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the respondents to remove the encroachment made by the 5th respondent in survey Nos.182 and 183 to the extent of 6.5 cents situated at Block No.3 ward No.3, Periya Pallivasal Street, Virudhunagar in the light of the representation made by the petitioner dated 06.11.2020. For Petitioner :

Mr.K.Srinivasan For Respondents :

Mr.K.Mu.Muthu for R1 to R3 Additional Government Pleader Mr.P.Srinivas for R4

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner's grievance is that the respondent No.5 has encroached upon the Government land.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.18214 of 2020 2.The learned Additional Government Pleader appearing for the respondents 1 to 3 and the learned standing counsel for the respondent No.4 submitted that encroachment has been found on inspection, in fact, even the petitioner has encroached. 3.If that is the case, the respondent Nos.3 and 4, as the case may be, shall take appropriate action to remove the encroachment, after making inspection. Needful shall be done within a period of eight weeks from the date of receipt of a copy of this order. We make it clear that there is no allegation as against the 5th respondent with regard to encroachment.

4. Accordingly, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) RR NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy,shall be the responsibility of the advocate/litigant concerned. To 1.The District Collector Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Aruppukottai,Virudhunagar District.

3.The Tahsildar, Virudhunagar Taluk Office, Virudhunagar.

+1 CC to M/s.K.SRINIVASAN, Advocate ( SR-2551[F] dated 01/02/2021 ) +1 CC to M/s.P.SRINIVASAN, Advocate ( SR-2753[F] dated 02/02/2021 ) +2 CC to M/s.GP ( SR-2613 & 2582 [F] dated 01/02/2021 ) Order made in W.P.(MD)No.18214 of 2020 Dated: 29.01.2021 (MJ)CO AP(11/02/2021) 2P 8C https://hcservices.ecourts.gov.in/hcservices/ 2/2