P. Karuppasamy, v. The Govt. Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR P.Karuppasamy ... Petitioner vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Block Development Officer, Sankarankovil Union, Sankarankovil, Tirunelveli District.

3.The Panchayat President, Panaiyur Panchayat, Sankarankovil Union, Tirunelveli District.

4.Lakshmana Konar 5.Kaliappan 6.Shanmugaiah 7.Velusamy Konar 8.Gurusamy

9. Krishnasamy ... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made by the respondents 4 to 9 in Survey No.458 situated at Chokkalingapuram Panaiyur Panchayat, Sankarankovil Taluk in accordance with law.

For Petitioner : Mr.N.K.Ponraj For RR 1 & 2 : Mr.P.Thilak Kumar Government Pleader For RR 3 to 6 : No appearance For R - 7 : Mr.R.J.Karthick For R - 9 : No appearance

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) The prayer in this Writ Petition is for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made by the respondents 4 to 9 in Survey No.458 situated at Chokkalingapuram Panaiyur Panchayat, Sankarankovil Taluk in accordance with law.

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2. Today, when the matter was taken up for hearing, the learned Government Pleader appearing for the respondents 1 & 2, on instructions, submitted that the removal of encroachment has been done partially and the remaining encroachments will be removed by following due process of law within a time frame.

3. In view of the above submission of the learned Government Pleader, the third respondent is directed to remove the encroachments in the place in question completely, after affording sufficient opportunity to all the parties concerned and by following due process of law, within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the above direction, the Writ Petition is disposed of. No costs.

[D.K.K.,J.] [R.V.,J.] 20.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes ps 3/5

To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Block Development Officer, Sankarankovil Union, Sankarankovil, Tirunelveli District.

3.The Panchayat President, Panaiyur Panchayat, Sankarankovil Union, Tirunelveli District.

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D.KRISHNAKUMAR ,J.

and R.VIJAYAKUMAR,J.

ps ORDER MADE IN DATED : 20.01.2023 5/5