Paramasivam V.R v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA V.R.Paramasivam .. Petitioner Vs.

1.The Commissioner, Devakottai Municipality, Devakottai.

2.The Director of Municipal Administration, Chennai-600 028.

3.The District Collector, Devakottai, Sivagangai District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to return the land in its original position or to acquire the land bearing T.S.No.32, TS Ward P, Block 4, Devakottai Municipal Limit, Devakottai Taluk, Sivagangai District by considering the representation of the petitioner dated 12.07.2021.

For Petitioner :

Mr.AN.Ramanathan For Respondents :

Mr.J.John Rajadurai Government Advocate

ORDER

This writ petition is filed for the issue of a Writ of Mandamus, directing the respondents to return the land to its original position or to acquire the land bearing T.S.No.32, TS Ward 'P', Block 4, Devakottai Municipal Limit, Devakottai Taluk, Sivagangai District, by considering the representation of the petitioner dated 12.07.2021.

2. From a perusal of the counter affidavit, it is seen that the first respondent has addressed a letter dated 06.09.2021 to the petitioner, wherein he has stated that as per the report of the Revenue Inspector, he is taking necessary steps either to purchase the property outright or to enhance the lease rental. This statement is reported in the counter affidavit, that is, filed by the first respondent at paragraph No.5.

3. It is reported by the learned counsel for the petitioner that after taking on lease the property from the petitioner, the first respondent has permitted several persons to encroach into the property.

4. In view of the above, interests of justice would be sub served, if the first respondent is directed to give effect to his undertaking given in his affidavit at paragraph No.5. Therefore, the first respondent is directed to give effect to his undertaking given in his affidavit at paragraph No.5 within a period of eight weeks from the date of receipt of a copy of this order and compliance shall be reported before this Court thereafter.

5. With the above direction, this Writ Petition is disposed of. No costs.

30.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes abr

P.T.ASHA, J.

abr To 1.The Commissioner, Devakottai Municipality, Devakottai.

2.The Director of Municipal Administration, Chennai-600 028.

3.The District Collector, Devakottai, Sivagangai District.

Dated: 30.06.2023