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Madras High CourtWP(MD)/18536/2020disposed of

Chinnappa Narangiar v. The District Collector,

2020-12-17Honourable Mr Justice N. Kirubakaran,Honourable Mr Justice B.Pugalendhi2 pages

W.P.(MD)No.18536 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE N. KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.18536 of 2020 Chinnappa Narangiar ... Petitioner Vs.

1. The District Collector, Pudukottai District, Pudukottai.

2. The Tahsildar, Kulathur Taluk, Pudukkottai District.

3. Anandhan ... Respondents Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, to direct the respondents 1 and 2 to take necessary action to remove the encroachments in S.F.No.132/2A/1A to an extent about 3 acres out of 6.60 acres (2.64 hectares) of Mootampatti village, Kulathur Taluk, Pudukottai District made by the 3rd respondent. For Petitioner : Mr.K.Balasundharam For Respondents : Mr.R.Murugan, Additional Govt. Pleader for R1 and R2

ORDER

[Order of the Court was made by N. KIRUBAKARAN, J.] The petitioner has come before this Court stating that the private respondent has encroached upon 3 acres out of 6.60 acres comprised in S.F.No.132/2A/1A, in Mootampatti Village, Kulathur Taluk, Pudukkottai District, which is a grazing land.

2. Heard Mr.K.Balasundharam, learned counsel for the petitioner and Mr.R.Murugan, learned Additional Government Pleader for the respondents 1 and 2.

3. The official respondents filed a report stating that not only the third respondent, but, also some third parties encroached upon and put up the constructed house. Moreover, the petitioner also encroached upon the property.

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W.P.(MD)No.18536 of 2020

4. From the photographs and also from the report, it is evident that 16 persons have constructed houses, apart from the private respondent and the petitioner.

5. Therefore, the second respondent is directed to take action against all persons including the petitioner after hearing them as per law, within a period of twelve weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) ogy 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, Pudukottai District, Pudukottai.

2. The Tahsildar, Kulathur Taluk, Pudukkottai District.

+1 CC to M/s.GP ( SR-26221[F] dated 18/12/2020 ) W.P.(MD)No.18536 of 2020 17.12.2020 (ARK)CO AP(29/12/2020) 2 P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/4