Manoharan.S v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD) No.22969 of 2022 S.Manoharan ... Petitioner -vs1. The District Collector, Dindigul District, Dindigul.
2. The Superintendent of Police, Dindigul District, Dindigul.
3. The Revenue Divisional Officer,
4. The Tahsildar, Dindigul East Taluk, Dindigul,
5. The Block Development Officer, Union Office, Dindigul East Union, Dindigul, Dindigul District.
6. The Inspector of Police,
7. The Sub Inspector of Police,
8. Krishnasamy
9. Vellaiyan
10. Andisamy
11. Paruppu @ Andisamy
12. Andisamy
13. Padikadu @ Andisamy
14. Sevuka Andi
15. Kannan
16. Anand @ Andisamy
17. Pon Azhagar
18. Chinna Nachan
19. Vignani @ Vellaisamy ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents 1 to 7 to remove the illegal obstructions made by the respondents 8 to 19 in the public road from Kuppayur to Sengkurichi Village, Dindigul District and clear the public road for usage and take action against violators in accordance with law on the basis of the representation dated 05.09.2022. For Petitioner :
Mr.M.C.B.Ramalingam For Respondents :
Mr.P.Thilak Kumar,
Government Pleader for R1 to R5 Mr.T.Senthil Kumar Additional Public Prosecutor for R6 & R7 Mr.S.Karthik for R8 to R10 & for R12 to R14
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 respondents 1 to 7 to remove the illegal obstructions made by the respondents 8 to 19 in the public road from Kuppayur to Sengkurichi Village, Dindigul District and clean the said public road for usage and also to take action against violators in accordance with law, on the basis of the petitioner's representation dated 05.09.2022.
2. Today, when the matter was taken up for hearing, the learned Government Pleader appearing for the respondents 1 to 5, on instructions, submitted that the encroachments made in the aforesaid public road have already been removed and the debris which are left over therein is yet to be removed and therefore, he seeks eight weeks time to remove the same. He further submitted that the petitioner himself is an encroacher of a temple land and the authorities would inspect and survey
the temple land and if any encroachment is found, appropriate action would be taken against the encroachers, including the petitioner, by following due process of law.
3. The said submission has been stoutly refuted by the learned counsel for the petitioner.
4. Considering the facts and circumstances of the case, this Writ Petition is disposed of directing the authorities concerned to conduct an inspection with regard to the alleged encroachment on the temple land and on inspection, if it is found that the petitioner has encroached upon the temple land, action should be taken by the authorities concerned to remove such encroachment after affording sufficient opportunity to the petitioner and all other parties concerned and by following due process of law. Such 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.] 20.10.2022 Index : Yes / No Internet : Yes / No pkn
To:
1. The District Collector, Dindigul District, Dindigul.
2. The Superintendent of Police, Dindigul District, Dindigul.
3. The Revenue Divisional Officer,
4. The Tahsildar, Dindigul East Taluk, Dindigul,
5. The Block Development Officer, Union Office, Dindigul East Union, Dindigul, Dindigul District.
6. The Inspector of Police,
7. The Sub Inspector of Police,
R.MAHADEVAN , J.
and J.SATHYA NARAYANA PRASAD , J.
pkn W.P.(MD) No.22969 of 2022 20.10.2022