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Madras High CourtWP(MD)/19267/2021disposed of

Ragunath.P v. The District Collector

2022-10-27Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad5 pages

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 P.Ragunath ... Petitioner -vs1.The District Collector Karur District Karur 2.The Revenue Divisional Officer Karur Karur District 3.The Thasildar Pugalur Taluk Karur District 4.The Block Development Officer (BDO) K.Paramathi Union Karur District 5.TPK.S.Kandasamy ... 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 in and around Survey Nos.779, 777, 748B and 793 etc., situated at Thennilai East Village, Pugalur Taluk, Karur District, based on the petitioner's representations dated 23.07.2021, 13.09.2021 and 14.09.2021 to the respondents.

For Petitioner :

Mr.Madhu.J.

For Respondents :

Mr.G.V.Vairam Santhosh Additional Government Pleader for R1 to R3 Mr.P.Thilakkumar Standing Counsel for R4 Mr.K.Balasubramani for R5

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 in and around Survey Nos.779, 777, 748B and 793 etc. of Thennilai East Village, Pugalur Taluk, Karur District, based on the petitioner's representations dated 23.07.2021, 13.09.2021 and 14.09.2021.

2. The grievance of the petitioner is that though he made representations to the respondents 1 to 4 as early as on 23.07.2021, 13.09.2021 and 14.09.2021 seeking removal of the encroachment made by the fifth respondent in the aforesaid survey numbers, till date the same have not been considered.

3. The learned Additional Government Pleader appearing for the respondents 1 to 3, on instructions, submitted that the petitioner's representations dated 23.07.2021, 13.09.2021 and 14.09.2021 would be considered and appropriate action would be taken in accordance with law.

4. In view of the above, without going into the merits of the claim made by the petitioner, the respondents 1 to 4 are directed to consider the petitioner's representations dated 23.07.2021, 13.09.2021 and 14.09.2021 and pass appropriate orders, if not already disposed of, on merits and in accordance with law. If there is any encroachment as pointed out by the petitioner, the same shall be removed, 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.

5. 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, Karur District, Karur.

2.The Revenue Divisional Officer, Karur, Karur District.

3.The Thasildar, Pugalur Taluk, Karur District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk 27.10.2022