Madras High CourtWP(MD)/21482/2019disposed of

Kandasamy v. The District Collector

2019-10-14Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice Krishnan Ramasamy2 pages

W.P.(MD) No.21482 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.(MD) No.21482 of 2019 Kandasamy ... Petitioner -vs1.The District Collector, Dindigul District.

2.The Tahsildar, Vedachandur Taluk, Dindigul District.

3.Eswaran 4.Chinnasamy ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to remove the encroachment made in the Nilaviya Odai in Survey No.389 situated at Velayuthampalayam Village, Vedachandur Taluk, Dindigul District within a time frame.

For Petitioner :Mr.D.Venkatesh For Respondents 1 & 2 :Mr.A.Muthukaruppan Additional Government Pleader

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.D.Venkatesh, learned counsel appearing for the petitioner and Mr.A.Muthukaruppan, learned Additional Government Pleader appearing for the respondents 1 and 2. 2.By consent on either side, the Writ Petition itself is taken up for final disposal at the admission stage. In view of the order we propose to pass, notice to respondents 3 and 4 is dispensed with. 3.The petitioner seeks for a direction to remove the alleged encroachment made in the land classified as "Nilaviyal Odai". 4.The learned Additional Government Pleader appearing for the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.21482 of 2019 respondents 1 and 2 would submit that already survey has been conducted and the survey report is awaited.

5.In view of the above, we direct the second respondent Tahsildar, Vedachandur Taluk, Dindigul District to take note of the Survey Report and proceed further in accordance with law, after issuing notice to the parties concerned. The above order shall be complied with within 12 weeks from the date of receipt of a copy of this order.

6.The Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (P AND A) // True Copy // Sub Assistant Registrar(CS) sj To 1.The District Collector, Dindigul District.

2.The Tahsildar, Vedachandur Taluk, Dindigul District.

+1 CC to M/s.D.VENKATESH, Advocate ( SR-91813[F] dated 15/10/2019 ) +1 CC to M/s.GP ( SR-91923[F] dated 15/10/2019 ) W.P.(MD) No.21482 of 2019 14.10.2019 KK/SAR/30.10.2019/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2