Madras High CourtWP(MD)/9911/2018disposed of

Lingasamy v. The Tahsildar

2023-02-02Honourable The Acting Chief Justice,Honourable Mr Justice D. Krishnakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2023

CORAM:

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE and THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR Lingasamy ... Petitioner -vs1.The Tahsildar Tirumangalam Taluk Tirumangalam Madurai District 2.Marudhu ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the first respondent to remove the encroachment in Survey No.24 (Kanmoikarai) at M.Veppangulam, Maruthangudi Post, Thirumangalam Taluk, Madurai District, which is made by the second respondent and other persons based on the petitioner's representation dated 22.05.2017, within the time stipulated by this Court.

For Petitioner :

Mr.K.K.Kannan For Respondents :

Mr.M.Sarangan Additional Government Pleader for R1

O R D E R

[Order of the Court was made by The Hon'ble ACTING CHIEF JUSTICE] Lingasamy, son of Periyakoodaan, has filed this writ petition for issuance of a writ of mandamus directing the first respondent to remove the encroachments made by the second respondent and others, in Survey No.24 (Kanmoikarai) at M.Veppangulam, Maruthangudi Post, Thirumangalam Taluk, Madurai District, based on his representation dated 22.05.2017, within a time frame.

2. In view of the limited scope of relief sought for, without going into the merits of the claim made by the petitioner, the first respondent is directed to consider the petitioner's representation dated 22.05.2017 and pass orders 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 and sufficient opportunity to all the parties concerned and by following

due process of law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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

[T.R., A.C.J.] [D.K.K., J.] 02.02.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk / smn2 To:

The Tahsildar, Tirumangalam Taluk, Tirumangalam, Madurai District.

T.RAJA, A.C.J.

and D.KRISHNAKUMAR , J.

krk / smn2 02.02.2023