M. Veerasamy, S/O. V. Muthu v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2016
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE C.T.SELVAM W.P.(MD).No.6926 of 2016 M.Veerasamy ... Petitioner versus 1.
The District Collector, 2.
The Assistant Director of Panchayat, Collectorate, Trichy.
3.
The Tahsildar, Taluk Office, Manapparai.
4.
The Assistant Executive Engineer, TANGEDCO, Vaiyampatti South, Manapparai Taluk, 5.
The Block Development Officer, Vaiyampatti Panchayat, 6.
The President, Vaiyampatti Panchayat, 7.
The Village Administrative Officer, Vaiyampatti Post, Manapparai Taluk, 8.
P.Muthusamy ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the respondents 1 to 7 to take appropriate action against the 8th respondent to
remove the encroachment made by him in pursuant to the communication sent by the 2nd respondent vide Na.Ka.A6/0013/2016-2, dated 22.02.2016.
For Petitioner : Mr.N.Mohan For Respondents : B.Pugalenthi for R1 to R7 Special Government Pleader
ORDER
(Order of the Court was made by S.MANIKUMAR ,J.) Responding to the representation, dated 22.01.2016, for removal of certain alleged encroachments in S.No.19/2A3, Vaiyampatti Village, Manapparai Taluk, Trichy District, the Assistant Director of Panchayat, Collectorate, Trichy, respondent No.2, Vide proceedings, dated 22.02.2016, has requested the Block Development Officer, Vaiyampatti Panchayat, Trichy District, to conduct spot inspection and to take action, with police assistance if required. Within one month and 9 days, the petitioner has sent a lawyer notice, dated 31.03.2016, to the Assistant Executive Engineer, TANGEDCO, Vaiyampatti South, Manapparai Taluk, Trichy District, respondent No.4, not to provide electricity service connection and thereafter, filed this writ petition.
2. Government have issued G.O.(Ms)No.540, Revenue [LD6(2)] Department, dated 04.12.2014, regarding redressal of grievance relating to encroachments. Respondent No.2, the Assistant Director of Panchayat, Collectorate, Trichy, has already initiated action and the guidelines issued in G.O.(Ms)No. 540, Revenue [LD6(2)] Department, dated 04.12.2014 have to be followed.
3. In the above circumstances, mandamus prayed for cannot be issued. The writ petition stands dismissed. No costs. Sd/- Assistant Registrar(AE) /TRUE COPY/ Sub Assistant Registrar To 1.
The District Collector,
2.
The Assistant Director of Panchayat, Collectorate, Trichy.
3.
The Tahsildar, Taluk Office, Manapparai.
4.
The Village Administrative Officer, Vaiyampatti Post, Manapparai Taluk, +1cc to Mr.N.Mohan, Advocate, Sr.No.20040 +1cc to the Special Government Pleader, Sr.No.20108 jikr JM/GSV-PM/20.04.2016/3P-7C W.P.(MD).No.6926 of 2016 07.04.2016