Veerappan.S 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 W.P(MD)No.22879 of 2022 S.Veerappan ... Petitioner Vs.

1.The District Collector, 2.The District Revenue Officer, District Revenue Office, 3.The Tahsildhar, Vilathikulam Taluk, Vilathikulam, Thoothukudi District.

4.Block Development Officer, Block Development Office, Pudur East, Vilathikulam Taluk, Thoothukudi District.

5.The Panchayat President, Keela Arunachalapuram Panchayat, Vilathikulam Taluk, Thoothukudi District.

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6.N.Ramakrishnan ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, to direct the respondents 1 to 5 to take necessary steps to remove the encroachment made by the 6th respondent in S. No.325/71 situated at Keela Arunachalapuram Village, Vilathikulam Taluk, Thoothukudi District and by considering the petitioner's representation dated 06.06.2022. For Petitioner : Mr.N.Ramamoorthi For Respondents 1 to 3 : Mr.N.GA.Nataraj Government Advocate For Respondents 4 and 5 : Mr.G.V.Vairam Santhosh Additional Government Pleader * * *

O R D E R

(Order of the Court was made by R.MAHADEVAN, J.) The petitioner has come forward with this writ petition praying to issue a Writ of Mandamus, directing the respondents 1 to 5 to take necessary steps to remove the encroachment made by the 6th respondent in S. No.325/71, situated at Keela Arunachalapuram Village, Vilathikulam Taluk, Thoothukudi District, by considering the petitioner's representation dated 06.06.2022. 2/6

2.

Heard Mr.N.Ramamoorthi, learned counsel for the petitioner, Mr.N.GA.Nataraj, learned Government Advocate, who accepts notice on behalf of the respondents 1 to 3 and Mr.G.V.Vairam Santhosh, learned Additional Government Pleader, who accepts notice on behalf of the respondents 4 and 5. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.

Having regard to the nature of the order proposed to be passed in this writ petition, notice to the 6th respondent is dispensed with.

4.

Today, when the matter was taken up for hearing, the learned Government Advocate appearing for the respondents 1 to 3 produced the proceedings of the Tahsildar - 3rd respondent in Na.Ka.No.Aa7/799/2022, dated 28.09.2022, addressed to him and submitted that pursuant to the representation of the petitioner, the encroachments pointed out by the petitioner in the public street in S.No.325/71, situated at Keela Arunachalapuram Village, Vilathikulam Taluk, Thoothukudi District, have been identified after conducting a survey and necessary steps are being taken to remove 3/6

those encroachments through the fourth respondent - Block Development Officer.

5.

Recording the said submission of the learned Government Advocate appearing for the respondents 1 to 3, this Writ Petition is disposed of with a direction to the respondents 3 and 4 to take necessary action for removal of encroachment in the public street in S. No.325/71, situated at Keela Arunachalapuram Village, Vilathikulam Taluk, Thoothukudi District, after affording an opportunity of hearing to the petitioner, 6th respondent and all other parties concerned and by following due process of law. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. No costs. [R.M.D., J.] [J.S.N.P., J.] 29.09.2022 Internet : Yes/No Index : Yes / No sj To 1.The District Collector, 4/6

2.The District Revenue Officer, District Revenue Office, 3.The Tahsildhar, Vilathikulam Taluk, Vilathikulam, Thoothukudi District.

4.Block Development Officer, Block Development Office, Pudur East, Vilathikulam Taluk, Thoothukudi District.

5.The Panchayat President, Keela Arunachalapuram Panchayat, Vilathikulam Taluk, Thoothukudi District.

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R.MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD , J.

sj W.P(MD)No.22879 of 2022 29.09.2022 6/6