Madras High CourtWP(MD)/1740/2015disposed of

V.Gurusamy v. The District Collector

2023-02-13Honourable Mr Justice K.Kumaresh Babu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :13.02.2023

CORAM

THE HONOURABLE MR.JUSTICE K. KUMARESH BABU W.P.(MD).No.1740 of 2015 V.Gurusamy ... Petitioner Vs.

1.The District Collector, District Collector Office, Tuticorin.

2.The Revenue Divisional Officer, Revenue Divisional Office, Kovilpatti.

3.The Tahsildhar, Tahsildar Office, Kovilpatti.

4.I.Saravanakumar ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of mandamus, directing the respondents 1 to 3 herein to consider the petitioner's representation dated 27.12.2014 in respect of removing the encroachment made by the 4th respondent in the Public Passage in the lands comprised in S.No.336, 337 situated at Vuthupatti

Village, Kovilpatti Taluk, Tuticorin District within a stipulated period. For Petitioner :Mr.P.Subbaraj For Respondents :Mr.M.Prakash Additional Government Pleader for R1 to R3 :No appearance for R4

O R D E R

The prayer in the writ petition is to consider the representation of the petitioner dated 27.12.2014, for removing the encroachment made by the fourth respondent in the Public Passage in Survey No.336 and 337 situated at Vuthupatti Village, Kovilpatti Taluk, Tuticorin District. 2.Today, when the matter is taken up for hearing, the learned Additional Government Pleader has submitted a written instructions issued by the third respondent in Na.Ka.No.B3/3087/2015, dated 11.02.2023, that the fourth respondent has made encroachments as alleged by the writ petitioner, an appropriate action will be initiated based upon the orders to be passed in this writ petition.

3.In view of the said instructions, it is quite clear that the fourth respondent has encroached upon the Public Passage. Hence, the third respondent is directed to initiate appropriate action against the fourth respondent on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 4.With the above directions, this writ petition is disposed of. There shall be no order as to costs.

13.02.2023 Index : Yes / No Speaking Order/Non Speaking Order sbn

To 1.The District Collector, District Collector Office, Tuticorin.

2.The Revenue Divisional Officer, Revenue Divisional Office, Kovilpatti.

3.The Tahsildhar, Tahsildar Office, Kovilpatti.

K.KUMARESH BABU, J.

sbn W.P.(MD).No.

13.02.2023