Krishnammal 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 Krishnammal ... Petitioner -vs1.The District Collector Office of the District Collector Madurai 2.The District Revenue Officer Office of the District Revenue Office Madurai 3.The Tahsildar Office of the Taluk Office Melur, Madurai District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to remove the entire encroachments made in the water body comprised in Survey Nos.264/12B1 & 264/12B2, of an extent of 7.38 Acres, situated at Kottampatty Village, Melur

Taluk, Madurai District, by considering the petitioner's representation dated 30.09.2021, within a time frame.

For Petitioner :

Mr.Mariappan.N.

For Respondents :

Mr.V.Nirmal Kumar Government Advocate

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 to remove the entire encroachments made in Survey Nos.264/12B1 & 264/12B2 of Kottampatty Village, Melur Taluk, Madurai District, to an extent of 7.38 Acres, based on the petitioner's representation dated 30.09.2021, within a time frame.

2. Today, when the matter was taken up for hearing, the learned Government Advocate appearing for the respondents, on instructions, submitted that the encroachments made in a portion of the subject land have been removed and with regard to the removal of encroachments made in the remaining portion is concerned, the same is classified as "Grama Natham", for which, Pattas have been issued to the beneficiaries. To that effect, the

learned Government Advocate has produced a copy of the proceedings of the third respondent in Na.Ka.No.8896/2017/Aa1, dated 27.10.2022, before this Court.

3. In view of the above, the authority concerned is directed to pass appropriate orders on the petitioner's representation dated 30.09.2021, on merits and in accordance with law, after giving due opportunity to the parties concerned, 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, Office of the District Collector, Madurai.

2.The District Revenue Officer, Office of the District Revenue Office, Madurai.

3.The Tahsildar, Office of the Taluk Office, Melur, Madurai District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk 27.10.2022