Madras High CourtWP(MD)/15293/2014disposed of

P. Sivakumar v. The Tahsildar

2023-01-20Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar4 pages

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 and M.P(MD)No.1 of 2014 P.Sivakumar ... Petitioner vs.

The Tahsildar, Manamadurai Taluk, Sivagangai District.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the respondent from initiating any action in respect of demolishing the steps of the petitioner's house bearing Door No.53B situated in Old Survey No.229, New Survey No.289/7, Arasakulam Village, Manamadurai Taluk, Sivagangai. For Petitioner : Mr.V.Muthumani For Respondent : Mr.V.Nirmal Kumar Government Advocate 1/4

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, forbearing the respondent from initiating any action in respect of demolishing the steps of the petitioner's house bearing Door No.53B situated in Old Survey No.229, New Survey No.289/7, Arasakulam Village, Manamadurai Taluk, Sivagangai.

2. The learned Government Advocate appearing for the respondent submitted that if any encroachment has been made by the petitioner, the same will be removed by following due process of law, after affording an opportunity of hearing to the petitioner.

3. In view of the above submission of the learned Government Advocate, the respondent is directed to remove the encroachments in the place in question, if any, after affording sufficient opportunity to the petitioner and 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.

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4. With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. [D.K.K.,J.] [R.V.,J.] 20.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes ps To The Tahsildar, Manamadurai Taluk, Sivagangai District.

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D.KRISHNAKUMAR ,J.

and R.VIJAYAKUMAR,J.

ps ORDER MADE IN DATED : 20.01.2023 4/4