Gurusamy K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD K.Gurusamy ... Petitioner -vs1.The District Collector Tuticorin, Tuticorin District 2.The District Revenue Officer Tuticorin, Tuticorin District 3.The Revenue Divisional Officer Kovilpatti, Tuticorin District 4.The Tahsildar Vilathikulam Taluk Vilathikulam Tuticorin District 5.S.Appanasamy 6.B.Mariyammal ... Respondents

PRAYER: Petition 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 and 6 in the public pathway situated in Survey No.321/2, Subbiahpuram Village, Jegaveerapuram Majara, Vilathikulam Taluk, Tuticorin District and consequently direct the respondents 1 to 4 to take appropriate action as against the encroachers on the basis of the petitioner's representation dated 18.08.2021. For Petitioner :

Mr.Jeyakumaran.J.

For Respondents :

Mr.S.P.Maharajan Special Government Pleader for R1 to R4 Mr.V.Lakshmanan for R5 No appearance for R6

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] The prayer in this writ petition is for issuance of a writ of mandamus directing the respondents 1 to 4 to remove the encroachment made by the respondents 5 and 6 in the public pathway in Survey No.321/2 of Subbiahpuram Village, Jegaveerapuram Majara, Vilathikulam Taluk, Tuticorin District and to direct them to take appropriate action as against the encroachers, based on the petitioner's representation dated 18.08.2021.

2. When the matter was taken up for hearing, the learned Special Government Pleader appearing for the respondents 1 to 4, on instructions, submitted that there are some encroachments made by the private respondents, as projected by the petitioner, in the subject land and the same would be removed, in accordance with law, within a period of eight weeks.

3. Recording the above submission of the learned Special Government Pleader, the authority concerned is directed to remove the encroachments made by the private respondents in the subject land after giving due notice to all the parties concerned and by following due process of law, within a period of eight (8) weeks from the date of receipt of a copy of this order.

4. With the above direction, this writ petition is disposed of. No costs.

[R.M.D., J.] [J.S.N.P., J.] 27.10.2022 Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Tuticorin, Tuticorin District.

2.The District Revenue Officer, Tuticorin, Tuticorin District.

3.The Revenue Divisional Officer, Kovilpatti, Tuticorin District.

4.The Tahsildar, Vilathikulam Taluk, Vilathikulam, Tuticorin District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk 27.10.2022