Lakshmi.V 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 V.Lakshmi ... Petitioner -vs1.The District Collector Sivagangai District 2.The Tahsildar Karaikudi Taluk Sivagangai District 3.The Block Development Officer Kallal Panchayat Union Karaikudi Taluk Sivagangai District 4.S.Karupiah ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 3 to remove the encroachment made by the fourth respondent in the public road situate at

Bharathi Veethi, Kallal, Karaikudi Taluk, Sivagangai District, including the Toilet Septic Tank, based on the communication of the second respondent dated 29.05.2018 in Na.Ka.No.AA5/3369/2018 and the representation of the petitioner dated 25.01.2021 forthwith.

For Petitioner :

Mr.C.Prabakaran For Respondents :

Mr.V.Nirmal Kumar Government Advocate for R1 to R3 Mr.C.Senthil Murugan for R4

O R D E R

[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 remove the encroachment made by the fourth respondent in Bharathi Veethi, Kallal, Karaikudi Taluk, Sivagangai District, based on the communication of the second respondent dated 29.05.2018 in Na.Ka.No.AA5/3369/2018 and the petitioner's representation dated 25.01.2021 forthwith.

2. When the matter was taken up for hearing, the learned Government Advocate appearing for the respondents 1 to 3, on instructions,

submitted that there are some encroachments, as projected by the petitioner, in the subject land and the same would be removed, in accordance with law, within a period of eight weeks.

3. Recording the above submission of the learned Government Advocate, the authority concerned is directed to remove the encroachments made by the private respondent in the subject land after giving due notice to all the parties concerned and by following due process of law, within a period of eight (8) weeks from the date of receipt of a copy of this order.

4. With the above direction, this writ petition is disposed of. No costs.

[R.M.D., J.] [J.S.N.P., J.] 27.10.2022 Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Sivagangai District.

2.The Tahsildar, Karaikudi Taluk, Sivagangai District.

3.The Block Development Officer, Kallal Panchayat Union, Karaikudi Taluk, Sivagangai District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk 27.10.2022