P. Thulasimani v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2019
CORAM:
THE HONOURABLE Mr.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE Mrs.JUSTICE R.THARANI P.Thulasimani ... Petitioner Vs.
1.The District Collector, Collectorate Thoothukudi District, Thoothukudi.
2.The Revenue Divisional Officer, Thiruchendur RDO Office, Thiruchendur.
3.The Tahsildar, Srivaikundam Taluk, Thoothukudi District, Thoothukudi.
4.The Executive Officer, Selection Grade Town Panchayat, Sayarpuram, Thoothukudi District.
... Respondents PRAYER:This petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to take immediate action to demarcate the boundaries in Sayarpuram Naduvaikurichi Survey No.497/23, Uchimahali Amman Koil Street and remove the encroachments with immediate effect and to ensure that no further encroachments are made in future as per rules and regulations.
For Petitioner : Mr.C.Jeganathan for M/s.Veera Associates For R1 to R3 : Mr.S.Angappan Government Advocate For R4 : Mr.Mari Chelliah Prabhu Standing Counsel 1/3
ORDER
(Order of this Court was made by T.S.SIVAGNANAM, J) Heard Mr.C.Jeganathan, learned counsel appearing for the petitioner, Mr.S.Angappan, learned Government Advocate appearing for the respondent Nos.1 to 3 and Mr.Mari Chelliah Prabhu, learned counsel appearing for the fourth respondent.
2.By consent of either side, this writ petition is taken up for disposal.
3.The petitioner has filed this writ petition to remove the encroachment made in Survey No.497/23 Uchimahali Amman Koil Street. 4.The petitioner has not impleaded the encroachers in the writ petition and therefore, we cannot issue any positive direction in the writ petition.
5.The learned Government Advocate accepts notice on behalf of the official respondents and submits that as there is bifurcation of Taluk, the competent authority concerned will look into the matter and if there is any encroachment, action will be taken in accordance with law, after conducting survey. The said submission is placed on record.
6.With the above observation, this Writ Petition stands dismissed. No costs.
Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) Ns To 1.The District Collector, Collectorate Thoothukudi District, Thoothukudi.
2.The Revenue Divisional Officer, Thiruchendur RDO Office, Thiruchendur.
3.The Tahsildar, Srivaikundam Taluk, Thoothukudi District, Thoothukudi.
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4.The Executive Officer, Selection Grade Town Panchayat, Sayarpuram, Thoothukudi District.
+1 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-89240[F] dated 25/09/2019 ) +1 CC to M/s.GP ( SR-89812[F] dated 26/09/2019 ) 24.09.2019 KK/SAR/11.10.2019/3P-7C/ 3/3