P.Kanagaraj v. The District Collector
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 and W.M.P(MD)No.15213 of 2019 P.Kanagaraj ... Petitioner vs.
1.The District Collector, Karur District, Karur.
2.The Revenue Divisional Officer, Karur Taluk, 3.The Tahsildar, Manmagalam Taluk, 4.The Joint Commissioner, Hindu Religious Charitable and Endowment Department, Srirangam, 5.The Block Development Officer, Kupuchipalayam Village, Karur Union, Vennimalai, Karur.
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6.The Assistant Director, Town and Country Planning Department, Kajamalai, Tiruchi, 7.The Sub-Registrar, Karur West Sub-Registration Office, Government Hospital Road, Karur Town, 8.Subbarayan 9.Selvandiran 10.Thangammal ... 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 4 to remove the encroachment made by the respondents 8 to 10 in Survey No.161, Kuchipalayam Village, Manmangalam Taluk, Karur District and forbear the respondents 5 and 6 from granting layout approval for the said land and restrain the respondents 8 to 10 from laying layout and pathway in the said land and also prevent the seventh respondent from registering any deed against the abovesaid land.
For Petitioner : Mr.V.Sukumar For RR 1 to 4, 6 & 7 : Mr.S.P.Maharajan Special Government Pleader For R - 5 : Mr.Aayiram K.Selvakumar For RR 9 & 10 : Mr.V.Nagarajan For R - 8 : 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 1 to 4 to remove the encroachment made by the respondents 8 to 10 in Survey No.161, Kuchipalayam Village, Manmangalam Taluk, Karur District and forbear the respondents 5 and 6 from granting layout approval for the said land and restrain the respondents 8 to 10 from laying layout and pathway in the said land and also prevent the seventh respondent from registering any deed against the abovesaid land.
2. The learned counsel appearing for the petitioner submitted that though the petitioner made representation, dated 30.07.2019 to the authorities concerned seeking to remove the encroachment made by the respondents 8 to 10, till date no steps have been taken by the official respondents to remove the same. Hence, this Writ Petition. 3/6
3. The learned Special Government Pleader appearing for the respondents 1 to 4, 6 & 7, on instructions, submitted that the representation of the petitioner, dated 30.07.2019 would be considered and appropriate action will be taken, for which, the learned counsel appearing for the petitioner is agreeable.
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 30.07.2019 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 twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed. [R.M.D.,J.] [J.S.N.P.,J.] Index : Yes / No 13.10.2022 Internet : Yes ps 4/6
To 1.The District Collector, Karur District, Karur.
2.The Revenue Divisional Officer, Karur Taluk, 3.The Tahsildar, Manmagalam Taluk, 4.The Joint Commissioner, Hindu Religious Charitable and Endowment Department, Srirangam, 5.The Block Development Officer, Kupuchipalayam Village, Karur Union, Vennimalai, Karur.
6.The Assistant Director, Town and Country Planning Department, Kajamalai, Tiruchi, 7.The Sub-Registrar, Karur West Sub-Registration Office, Government Hospital Road, Karur Town, 5/6
R.MAHADEVAN ,J.
and J.SATHYA NARAYANA PRASAD,J.
ps ORDER MADE IN DATED : 13.10.2022 6/6