P.Ganesan, S/O.Pillaiyar, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2017
CORAM:
THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.24376 of 2016 P.Ganesan .. Petitioner Vs.
1.The District Collector, Virudhunagar District Virudhunagar.
2.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.
3.The Executive Engineer, Public Works Department (WRO), Virudhunagar District, Virudhunagar.
4.Ramasubramania Raja .. 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 respondents 1 to 3 to remove all the encroachment made by the fourth respondent in Survey Nos.746, 17, J1, 191, 105, 10, 118 and F1405, Pudupalayam Village, Rajapalayam Town and Survey No.285, Samanthapuram Village, Rajapalayam Town and Survey No.940A/2, Ayan Kollenkondan Village, Rajapalayam Town, Virudhunagar District and restore the same based on the representation made by the petitioner dated 06.01.2016 within the time limit that may be stipulated by this Court. For Petitioner : Mr.G.Thalaimutharasu For Respondents 1 to 3 : Mr.D.Muruganandam, Additional Government Pleader.
For Respondent No.4 : Mr.A.Sivaji
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 1 to 3 to
remove encroachments alleged to have been made by the fourth respondent in the survey numbers mentioned in the petition in the villages mentioned therein, by way of issuing a writ of mandamus. 2.It is averred in the petition that the petitioner is a resident of Solaseri, Rajapalayam Taluk, Virudhunagar District. Further it is averred in the petition that the survey numbers mentioned therein are situate in different villages, wherein certain encroachments are in existence. Since those survey numbers belong to Government, for removing encroachments the petitioner has given a representation on 06.01.2016 and the same has not been considered and therefore the present writ petition has been filed for getting the relief sought therein. 3.The learned counsel appearing for the petitioner has advanced his argument on the basis of averments made in the writ petition.
4.The learned Additional Government Pleader appearing for the respondents 1 to 3 has contended that certain survey numbers belong to the Government.
5.The learned counsel appearing for the fourth respondent has contended to the effect that the particulars furnished by the petitioner as well as respondents 1 to 3 are erroneous and they failed to give proper survey numbers.
6.Considering the divergent submissions made on either side and also considering the fact that on 06.01.2016, a representation has been given to the respondents 1 to 3 on the side of the petitioner and the same has not been considered, this Court is inclined to pass the following order.
7.In fine, this writ petition is allowed in part without costs and the respondents 1 to 3 are strictly directed to look into the representation dated 06.01.2016 alleged to have been given by the petitioner and if there is any encroachment in Government lands, directed to remove the same under due process of law within a period of two months.
Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The District Collector, Virudhunagar District Virudhunagar.
2.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.
3.The Executive Engineer, Public Works Department (WRO), Virudhunagar District, Virudhunagar.
+1cc to Mr.A.Sivaji, Advocate SR.NO.5170 +1cc to M/S Special Government Pleader, Sr No. 5309 +1cc to M/S G.Thalaimutharasu, Advocate Sr.No.5548 smn sm:AE-PM:SAR I:3.2.2017:3P/7C ORDER MADE IN W.P(MD)No.24376 of 2016