D.Laxmanan, v. The Thasildar,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2017
CORAM:
THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.24207 of 2016 D.Laxmanan .. Petitioner Vs.
1.The Thasildar, Madurai North Taluk, O/o.The Collectorate Buildings, Madurai District.
2.The Executive Engineer (PWD), Periyaru Vaigai Pasana Division No.2, Madurai - 625 002.
[Second respondent is impleaded as per order dated 06.01.2017 passed in W.M.P(MD)No.18613 of 2016].
.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to consider the petitioner's representation dated 17.08.2016 in view of G.O.(Ms)No.540, dated 04.12.2014 to remove the encroachment in the Government Kanmai Porompoke land comprised in R.S.No.23/24, Nethaji Main Road, Bibikulam, Madurai within a time frame as may be fixed by this Court.
For Petitioner : Mr.A.Balaji For Respondents : Mr.D.Muruganandam, Additional Government Pleader.
ORDER
[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents to remove all encroachments alleged to have been made in Government Kanmai Porompoke land comprised in R.S.No.23/24, Nethaji Main Road, Bibikulam, Madurai, by way of issuing a writ of mandamus. https://hcservices.ecourts.gov.in/hcservices/ 2.It is averred in the petition that the petitioner is a resident of Bibikulam, Madurai, wherein R.S.No.23/24 has been classified as Government Kanmai Porompoke in which so many encroachments are in existence and a representation has been given
on 17.08.2016. But no fruitful action has come out. Under the said circumstances, the present writ petition has been filed for getting the relief sought therein.
3.The learned counsel appearing for the petitioner has contended to the effect that even though a representation has been given on 17.08.2016, no action has been taken by the respondents and under the said circumstances, the present writ petition has been filed.
4.The learned Additional Government Pleader appearing for the respondents has represented that R.S.No.23/24 has been classified as Government Kanmai Porompoke.
5.Considering the fact that R.S.No.23/24 has been classified as Government Kanmai Porompoke, this Court is of the view to pass the following order.
6.In fine, this writ petition is allowed without costs and the second respondent is directed to remove encroachments if any in R.S.No.23/24, Nethaji Main Road, Bibikulam, Madurai, under due process of law within a period of two months. Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To 1.The Thasildar, Madurai North Taluk, O/o.The Collectorate Buildings, Madurai District.
2.The Executive Engineer (PWD), Periyaru Vaigai Pasana Division No.2, Madurai - 625 002.
+1cc to Special Government Pleader,SR.2275 SMN KK-MPA-SK-27.01.17-2P-4C ORDER MADE IN W.P(MD)No.24207 of 2016 10.01.2017 https://hcservices.ecourts.gov.in/hcservices/