S.Gurusamypadaiyachi v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD S.Gurusamy Padaiyachi ... Petitioner vs.

1.The District Revenue Officer, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Tirunelveli District, Tirunelveli.

3.The Tahsildar, Tirunelveli Dsitrict.

4.The Block Development Officer, Kuruvikulam, 5.The Village Administrative Officer, Alagapuri Village, 1/6

6.The Village Administrative Officer, A.Karisalkulam Village, 7.The Village Administrative Officer, Sevalkulam Village, 8.Subramanian Chettiar 9.Marudhappan 10.Ramar 11.Velraj 12.Iyyammal 13.Anthony Gurus ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 3 to 7 to take action to remove the encroachments made by the respondents 8 to 13 in Survey No.751, Alagapuri Village Road, A.Karisalkulam Village, Thiruvengadam Taluk, Tirunelveli District based on the representation of the petitioner, dated 09.07.2019.

For Petitioner : Mr.K.P.Sankarakumarakuruparan For RR 1 to 7 : Mr.N.GA.Nataraj Government Pleader For RR 8 to 13 : No appearance 2/6

ORDER

(Order of the Court was made by R.MAHADEVAN, J.) The prayer made in this Writ Petition is to issue a Writ of Mandamus, directing the respondents 3 to 7 to take action to remove the encroachments made by the respondents 8 to 13 in Survey No.751, Alagapuri Village Road, A.Karisalkulam Village, Thiruvengadam Taluk, Tirunelveli District based on the representation of the petitioner, dated 09.07.2019.

2. The learned counsel appearing for the petitioner submitted that though the petitioner made representation, dated 09.07.2019 to the authorities concerned seeking to remove the encroachment made by the respondents 8 to 13, till date no steps have been taken by the official respondents to remove the same. Hence, this Writ Petition.

3. The learned Government Advocate appearing for the respondents 1 to 7, on instructions, submitted that the representation of the petitioner, dated 09.07.2019 would be considered and appropriate action will be taken, for which, the learned counsel appearing for the petitioner is agreeable.

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4. In view of the abovesaid submission, this Writ Petition is disposed of directing the official respondents to consider the representation of the petitioner, dated 09.07.2019 on merits and in accordance with law. If there is any encroachment, the authorities concerned shall remove the same, after affording sufficient opportunity to all the parties concerned and by following due process of law. Such an exercise shall be completed 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 13.10.2022 Internet : Yes ps 4/6

To 1.The District Revenue Officer, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Tirunelveli District, Tirunelveli.

3.The Tahsildar, Tirunelveli Dsitrict.

4.The Block Development Officer, Kuruvikulam, 5.The Village Administrative Officer, Alagapuri Village, 6.The Village Administrative Officer, A.Karisalkulam Village, 7.The Village Administrative Officer, Sevalkulam Village, 5/6

R.MAHADEVAN ,J.

and J.SATHYA NARAYANA PRASAD,J.

ps ORDER MADE IN DATED : 13.10.2022 6/6