Muthukumar.M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD M.Muthukumar ... Petitioner vs.

1.The District Collector, Virudhunagar District.

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

3.The Tahsildar, Virudhunagar Taluk, Virudhunagar District.

4.Thangapandi ... Respondents 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 3 to consider the representation of the petitioner, dated 07.01.2021 to remove the encroachment made by the fourth respondent in Nagammal Kovil Road, South Street, Sengundrapuram Village, Virudhunagar District within a time frame.

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For Petitioner : Mr.C.K.M.Appaji For RR 1 to 3 : Mr.G.V.Vairam Santhosh Additional Government Pleader For R - 4 : No appearance

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 3 to consider the representation of the petitioner, dated 07.01.2021 to remove the encroachment made by the fourth respondent in Nagammal Kovil Road, South Street, Sengundrapuram Village, Virudhunagar District within a time frame.

2. The learned counsel appearing for the petitioner submitted that the petitioner made a representation, dated 07.01.2021 to the respondents 1 to 3 seeking removal of encroachment made by the fourth respondent and pursuant thereto, the first respondent vide proceedings in Na.Ka.G2/11601/2020, dated 21.01.2021, directed the second and third respondents, to take appropriate action for removal of the encroachment. Thereafter, though the second respondent vide proceedings in 2/5

O.Mu.No.A5/410/2021, dated 22.01.2021, directed the third respondent to take appropriate action for removal of the same, till date, no steps are taken to remove the aforesaid encroachment. Hence, this Writ Petition.

3. The learned Additional Government Pleader appearing for the respondents 1 to 3, on instructions, submitted that the authorities concerned will act upon the communication of the second respondent, dated 22.01.2021 and appropriate action will be taken to remove the encroachment by due process of law within a time frame.

4. In view of the above, this Writ Petition is disposed of directing the authorities concerned to remove the encroachment in the place in question, after giving due notice and sufficient opportunity to all the parties concerned and by following due process of law, within a period of eight weeks from the date of receipt of a copy of this order. No costs. [R.M.D.,J.] [J.S.N.P.,J.] Index : Yes / No 27.10.2022 Internet : Yes ps 3/5

To 1.The District Collector, Virudhunagar District.

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

3.The Tahsildar, Virudhunagar Taluk, Virudhunagar District.

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R.MAHADEVAN ,J.

and J.SATHYA NARAYANA PRASAD,J.

ps ORDER MADE IN DATED : 27.10.2022 5/5