M.Sakthi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD M.Sakthi ... Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Sub-Collector, Cheranmahadevi, Tirunelveli District.

3.The Thasildar, Office of the Thasildar, Tirunelveli.

4.Chelladurai @ Murugan 5.Sappani @ Sankar ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent Nos.1 to 3 to remove the illegal encroachment made by the respondent Nos.4 and 5 in Survey No.1618 in Vivekanandhar Street, Cheranmahadevi, Tirunelveli District within the time prescribed by this Court.

For Petitioners :

Mr.Balu Rajasekaran For Respondents :

Mr.G.V.Vairam Santhosh, Addl. Govt. Pleader for R1 to R3 Mr.R.J.Karthik for R4 & R5

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondent Nos.1 to 3 to remove the illegal encroachments made by the respondent Nos.4 and 5 in Survey No.1618 at Vivekanandhar Street, Cheranmahadevi, Tirunelveli District, within a time frame.

2. Today, when the matter was taken up for hearing, the learned Additional Government Pleader appearing for the respondents 1 to 3, on instructions, submitted that steps have already been taken to remove the encroachments, as projected by the petitioners, by following due process of law.

3. The said submission of the learned Additional Government Pleader is not refuted by the learned counsel for the petitioner. Thus, recording the above submission, this Writ Petition is disposed of with a direction to the official respondents to remove the alleged encroachments after affording opportunity of hearing to all the parties concerned and by following due process of law. Such an exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. No costs.

[R.M.D., J.] [J.S.N.P., J.] vsm 10.10.2022

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

vsm To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Sub-Collector, Cheranmahadevi, Tirunelveli District.

3.The Thasildar, Office of the Thasildar, Tirunelveli.

10.10.2022