Lakshmanan 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 Lakshmanan ... Petitioner vs.

1.The District Collector, Pudukkottai.

2.The District Revenue Officer, Illupur, Pudukkottai.

3.The Additional District Engineer, Highways Department, Keeranur Post, Kulathur Taluk, 4.The Tahsildar, Viralimalai Post & Taluk, 5.The Assistant Engineer, Department of Highways, Viralimalai Post & Taluk, 1/5

6.S.Manikandan 7.KTM.Murugapan 8.K.Kannan 9.M.Subramanian 10.Elumalai 11.Selvaraju 12.Pichai Nayakar 13.Murugesan 14.S.Shanmugam ... 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 5 to remove the encroachment made by the respondents 6 to 14 in S.F.Nos. 43 and 44 of Viralimalai Village and Taluk, Pudukkottai District. For Petitioner : Mr.P.Ganapathi Subramanian For RR 1 to 5 : Mr.S.P.Maharajan Special Government Pleader For RR 6, 7 & 9 to 14 : Mr.Aayiram K.Selvakumar For R - 8 : Mr.Shankar Murali

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 5 to remove the encroachment made by the 2/5

respondents 6 to 14 in S.F.Nos.43 and 44 of Viralimalai Village and Taluk,

2. The learned counsel appearing for the petitioner submitted that though the petitioner made representation, dated 13.07.2019 to the authorities concerned seeking to remove the encroachment made by the respondents 6 to 14, till date no steps have been taken by the official respondents to remove the same. Hence, this Writ Petition.

3. The learned Special Government Pleader appearing for the respondents 1 to 5, on instructions, submitted that the representation of the petitioner, dated 13.07.2019 would be considered and appropriate action will be taken, for which, the learned counsel appearing for the petitioner is agreeable.

4. In view the abovesaid submission, this Writ Petition is disposed of directing the official respondents to consider the representation of the petitioner, dated 13.07.2019 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 3/5

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.

[R.M.D.,J.] [J.S.N.P.,J.] Index : Yes / No 13.10.2022 Internet : Yes ps To 1.The District Collector, Pudukkottai.

2.The District Revenue Officer, Illupur, Pudukkottai.

3.The Additional District Engineer, Highways Department, Keeranur Post, Kulathur Taluk, 4.The Tahsildar, Viralimalai Post & Taluk, 5.The Assistant Engineer, Department of Highways, Viralimalai Post & Taluk, 4/5

R.MAHADEVAN ,J.

and J.SATHYA NARAYANA PRASAD,J.

ps ORDER MADE IN DATED : 13.10.2022 5/5