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Madras High CourtWP(MD)/8409/2016disposed of

V. Maruthaiah v. The District Collector,

2017-08-31Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:31.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.8409 of 2016 and W.M.P.(MD).No.8167 of 2016 V.Maruthaiah ... Petitioner Vs.

1.The District Collector, Tirunelveli District.

2.The Assistant Director (Panchayat), Office at Tirunelveli Collectrate.

3.The Block Development Officer, Panchayat Union Office, Kadayanallur, Tirunelveli District.

4.The Thasildar, Tenkasi Taluk, Tirunelveli District.

5.The President, Poganallaur Panchayath, Kadayanallur Panchayath Union, Tirunelveli District.

... Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent 1 to 5 to remove the encroachments made in Sundaravinayagar Kovil Street of the Sundaresapuram Village, Tenkasi Taluk now Kadayanallur, Tirunelveli District. For Petitioner : Mr.N.Mohideen Basha For R-1 to R-4 : Mr.M.Govindan, Special Government Pleader.

For R-5 : No Appearance

JUDGMENT

************* [Judgment of the Court was delivered by G.R.SWAMINATHAN, J.] The Writ Petitioner seeks removal of the encroachments made in Sundaravinayagar Kovil Street, Sundaresapuram Village, Tenkasi Taluk now Kadayanallur, Tirunelveli District. The third respondent is the competent authority to remove the encroachment. The fourth https://hcservices.ecourts.gov.in/hcservices/

respondent, of course, is the authority to conduct the survey. 2.This Court directs the third respondent to act in association with the fourth respondent and to clear the encroachment in question, after due notice to the parties concerned. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

This Writ Petition stands disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To:

1.The District Collector, Tirunelveli District.

2.The Assistant Director (Panchayat), Office at Tirunelveli Collectrate.

3.The Block Development Officer, Panchayat Union Office, Kadayanallur, Tirunelveli District.

4.The Thasildar, Tenkasi Taluk, Tirunelveli District.

5.The President, Poganallaur Panchayath, Kadayanallur Panchayath Union, Tirunelveli District.

+1cc to Mr.N.MOHIDEEN BASHA Advocate in SR. No. 75871 DSS/KM JS/SKN.RSK/SAR.1/24.10.2017/2P-7C W.P(MD)No.8409 of 2016 31.08.2017 https://hcservices.ecourts.gov.in/hcservices/