Madras High CourtWP(MD)/18279/2021allowed

Sankar.S v. The District Collector

2024-07-16Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi5 pages

1 W.P.(MD)NO.18279 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.18279 of 2021 S.Sankar ... Petitioner Vs.

1. The District Collector, Ramanathapuram District.

2. The Commissioner, Paramakudi Municipality, Ramanathapuram District.

3. The Assistant Engineer, Public Works Department, Paramakudi, Ramanathapuram District.

4. The Tahsildar, Paramakudi Taluk, Ramanathapuram District.

5.P.Rajendran

6. A.Elamparuthi

7. The Tamil Evangelical Lutheran Church(TELC), Rep. through its Secretary, Paramakudi, Ramanathapuram District.

... Respondents 1/4

2 W.P.(MD)NO.18279 OF 2021 Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment made by the respondents 5 to 7 in "Marukal Odai" situated at Old S.No.332, new T.S.No.35 at Vendhoni Village, Paramakudi Taluk, Ramanathapuram District considering the representation of the petitioner dated 19.07.2021 and 23.07.2021. For Petitioner : Mr.H.Arumugam For R-1,R-3&R-4 : Mr.K.Balasubramani, Special Government Pleader.

For R-2 : Mr.M.Kannan For R-5&R-6 : Mr.C.R.M.Prabhu For R-7 : Mr.P.Arun Jayatram * * *

O R D E R

When the matter was taken up for hearing, the petitioner alleges that the encroachments have been committed in respect of survey Nos.332 new T.S.No.35 in Vendhoni Village, Paramakudi Taluk. We do not render any finding against the private respondents in this writ petition. We place on record the stand of the seventh respondent that they have nothing to do with the petition mentioned encroachments. Be that as it may, the learned Special Government Pleader states that survey has already been conducted and encroachments have been identified and that 2/4

3 W.P.(MD)NO.18279 OF 2021 all the encroachments will be removed within a period of eight weeks.

2. Recoding the said submission, this writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed. (G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 16th July 2024 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To:

1. The District Collector, Ramanathapuram District.

2. The Assistant Engineer, Public Works Department, Paramakudi, Ramanathapuram District.

3. The Tahsildar, Paramakudi Taluk, Ramanathapuram District.

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4 W.P.(MD)NO.18279 OF 2021 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU W.P.(MD)No.18279 of 2021 16.07.2024 4/4

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