Maharaja.A @ Maharajan 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 and W.M.P.(MD) No.16606 of 2021 A.Maharaja @ Maharajan ... Petitioner -vs1.The District Collector Madurai District 2.The District Revenue Officer District Revenue Office District Collector Campus Madurai-20 3.The Revenue Divisional Officer Revenue Divisional Office Melur, Narasingampatty Post Melur Taluk, Madurai District 4.The Tahsildar Tahsildar Office Melur Post and Taluk-625 106 Madurai District

5.Block Development Officer Kottampatti Panchayat Union Kottampatti, Melur Taluk Madurai District 6.The Commissioner Kottampatti Panchayat Union Kottampatti, Melur Taluk Madurai District 7.The President Attapatti Panchayath Attapatti, Melur Taluk Madurai District 8.The Vice President Attapatti Panchayath Attapatti, Melur Taluk Madurai District 9.Jeyaraman 10.Sundararajan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 6 to remove encroachment made by the respondent Nos.9 and 10 in Survey No.391/9 (Old No.391/2), Attapatti Village, Melur Taluk, Madurai District, within a time frame. For Petitioner :

Mr.Hassanual Bazari.J.M.

For Respondents :

Mr.N.GA.Nataraj Government Advocate for R1 to R8 Mr.R.Balamuruganandam for R9 & R10

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 1 to 6 to remove the encroachment made by the respondents 9 and 10 in Survey No.391/9 (Old No.391/2) of Attapatti Village, Melur Taluk, Madurai District, within a time frame.

2. The grievance of the petitioner is that though he made a representation to the respondents 1 to 6 as early as on 25.08.2021 seeking removal of the encroachment made by the respondents 9 and 10 in the aforesaid survey number, till date the same has not been considered. 3.

The learned Government Advocate appearing for the respondents 1 to 8, on instructions, submitted that the petitioner's representation dated 25.08.2021 would be considered and appropriate action will be taken in accordance with law.

4. In view of the above, without going into the merits of the claim made by the petitioner, the respondents 1 to 6 are directed to consider the

petitioner's representation dated 25.08.2021 and pass appropriate orders, if not already disposed of, 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 to all the parties concerned and by following due process of law, within a period of eight (8) weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [R.M.D., J.] [J.S.N.P., J.] 27.10.2022 Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Madurai District.

2.The District Revenue Officer, District Revenue Office, District Collector Campus, Madurai-20.

3.The Revenue Divisional Officer, Revenue Divisional Office, Melur, Narasingampatty Post, Melur Taluk, Madurai District.

4.The Tahsildar, Tahsildar Office, Melur Post and Taluk-625 106, Madurai District.

5.Block Development Officer, Kottampatti Panchayat Union, Kottampatti, Melur Taluk, Madurai District.

6.The Commissioner, Kottampatti Panchayat Union, Kottampatti, Melur Taluk, Madurai District.

7.The President, Attapatti Panchayath, Attapatti, Melur Taluk, Madurai District.

8.The Vice President, Attapatti Panchayath, Attapatti, Melur Taluk, Madurai District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk and W.M.P.(MD) No.16606 of 2021 27.10.2022