Madras High CourtWP(MD)/19354/2014closed

Rukmani, v. The District Collector,

2023-03-31Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Rukmani ... Petitioner versus

1. The District Collector, Pudukkottai District.

2. The Tahsildar, Iluppur Taluk, Pudukkottai District.

3. Thothapillai @ Mangulathan ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the 1st and 2nd respondents to consider the petitioner's representation dated 07.05.2014 and remove the encroachment in Survey No.59, Plot No.27, Alampatty Village, Kulathoor Post, Illuppur Taluk, Pudukkottai District. For Petitioner : Mr.P.Muthusamy For R1 and R2 : Mr.G.V.Vairam Santhosh, Additional Govt. Pleader For R3 : Dismissed 1/4

ORDER

This writ petition is filed for a Mandamus, directing the 1st and 2nd respondents to consider the petitioner's representation dated 07.05.2014 and remove the encroachment in Survey No.59, Plot No.27, Alampatty Village, Kulathoor Post, Illuppur Taluk, Pudukkottai District.

2. Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner submits that he has been instructed to withdraw this writ petition.

3. At this juncture, the learned Additional Government Pleader appearing for the respondents 1 and 2, on instructions, submits that both the petitioner and the 3rd respondent have encroached the property in Survey No.59, Plot No.27, Alampatty Village, Kulathoor Post, Illuppur Taluk, Pudukkottai District, to some extent and the second respondent has also initiated proceedings as against the encroachers by 2/4

issuing notice under Land Encroachment Act and they would complete the proceedings within a period of three months.

4. In view of the submission made by the learned Additional Government Pleader that the second respondent has also initiated proceedings as against the encroachers under Land Encroachment Act, this writ petition is closed. However, a direction is issued to the second respondent to remove the encroachment within a period of three months from the date of receipt of a copy of this order. No costs. 31.03.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

3/4

B.PUGALENDHI, J.

ogy To

1. The District Collector, Pudukkottai District.

2. The Tahsildar, Iluppur Taluk, Pudukkottai District.

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