Hema v. The District Collector / District Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Hema ... Petitioner -vs1.The District Collector / District Monitoring Committee, Sivagangai District, Sivagangai.

2.The Tahsildar, Ilayangudi Taluk, Sivagangai District.

3.The Block Development Officer, (Village Panchayat), Ilayangudi, Sivagangai District.

4.The Panchayat President, Ilayangudi Village Panchayat, Ilayangudi, Sivagangai District.

5.Sasikumar 6.Sarala 7.Ganesan

...Respondents

PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 4 to remove the pathway encroachment in respect of survey No.91/80, 91/72, 91/74 situated at Keela

Theru, Perumbaseri Village, Gunappanenthal Post, Ilayangudi Taluk, Sivagangai District based on the petitioner's representation dated 22.07.2024 & 3rd respondent's proceedings in Na.Ka.No.B3/615/2023 dated 05.07.2024. For Petitioner :

Mr. M.Boopathipandiyan For R-1 & R-2 : Mr.S.P.Maharajan, Special Government Pleader For R-3 & R-4 : Mr.P.T. Thiraviam, Government Advocate

ORDER

[Order of the Court was made by R.SUBRAMANIAN, J.] By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

2. Mr.S.P.Maharajan, learned Special Government Pleader takes notice for the respondents 1 and 2. Mr.P.T.Thiraviyam, learned Government Advocate takes notice for the respondents 3 and 4.

3. Mr.S.P.Maharajan, learned Special Government Pleader appearing for the respondents 1 and 2, would submit that notices under Section 7 of the Land Encroachment Act, 1905, have already been issued to the encroachers and the action is underway. He would also submit that the respondents would take action as per law and remove the encroahments, if any, found on the path way.

4. Recording the statement, this Writ Petition is disposed of with liberty to the petitioner to seek reopening, if the encroachment is not removed within a period of four (4) months from the date of receipt of a copy of this order. There shall be no order as to costs.

[R.S.M., J.] [L.V.G., J.] 19.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes Sml To 1.The District Collector / District Monitoring Committee, Sivagangai District, Sivagangai.

2.The Tahsildar, Ilayangudi Taluk, Sivagangai District.

3.The Block Development Officer, (Village Panchayat), Ilayangudi, Sivagangai District.

4.The Panchayat President, Ilayangudi Village Panchayat, Ilayangudi, Sivagangai District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Sml 19.09.2024