S.Subramani v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.(MD) No.12978 of 2018 S.Subramani ... Petitioner -vs1.The District Collector Dindigul District, Dindigul 2.The District Revenue Officer Office of the District Collector Dindigul 3.The Revenue Divisional Officer Office of the Revenue Divisional Officer Palani, Dindigul District 4.The Tahsildar Office of the Tahsildar Vedasandur Taluk Dindigul District 5.C.M.G.Ramachandran 6.Velumani ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 4 to remove the encroachment made by the respondents 5 and 6 in the pathway in Survey No. 1138/19, situated at Vellapommanpatti, Velvarkottai Village, Vedasandur Taluk, Dindigul District, based on the petitioner's representation dated 09.05.2018.

For Petitioner :

Mr.G.Karthikeyan For Respondents :

Mr.S.P.Maharajan Special Government Pleader for R1 to R4 No appearance for R5 & R6

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 4 to remove the encroachment made by the respondents 5 and 6 in the pathway in Survey No.1138/19, at Vellapommanpatti, Velvarkottai Village, Vedasandur Taluk, Dindigul District, based on the petitioner's representation dated 09.05.2018.

2. The grievance of the petitioner is that though he made a representation to the official respondents as early as on 09.05.2018 seeking removal of the encroachment made by the private respondents in the aforesaid survey number, till date the encroachment has not been removed.

3. The learned Special Government Pleader appearing for the respondents 1 to 4, on instructions, submitted that the petitioner's representation dated 09.05.2018 would be considered in accordance with law and appropriate action would be taken for removal of encroachments, if any.

4. Recording the above submissions, without going into the merits of the claim made by the petitioner, the respondents 1 to 4 are directed to consider the petitioner' representation dated 09.05.2018 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 and opportunity to all the parties concerned and by 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.] 29.09.2022 Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Dindigul District, Dindigul.

2.The District Revenue Officer, Office of the District Collector, Dindigul.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Palani, Dindigul District.

4.The Tahsildar, Office of the Tahsildar, Vedasandur Taluk, Dindigul District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk and W.M.P.(MD) No.12978 of 2018 29.09.2022