Gopal.A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.10.2022

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P(MD)No.23680 of 2022 A.Gopal ... Petitioner Vs.

1.The District Collector, Dindigul District.

2.The Revenue Divisional Officer, Palani, Dindigul District.

3.The Thasildar, Palani Taluk, Dindigul District.

4.The Head Surveyor, Taluk Office, Palani, Dindigul District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, to direct the respondents to make a survey in the public pathway running through S.Nos.301, 302, 304, 306, 307, 311, 312, 313, 314 and 315 situated at Periammapatty Village, Palani Taluk, Dindigul District and to remove the encroachments, if any, within a time frame. For Petitioner : Mr.D.Venkatesh 1/4

For Respondents 1 to 4 : Mr.S.P.Maharajan Special 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 to conduct a survey in the public pathway running through S.Nos.301, 302, 304, 306, 307, 311, 312, 313, 314 and 315 situated at Periammapatty Village, Palani Taluk, Dindigul District, and to remove the encroachments, if any, within a time frame. 2.

Heard Mr.D.Venkatesh, learned counsel for the petitioner and Mr.S.P.Maharajan, learned Special Government Pleader, who accepts notice on behalf of the respondents 1 to 4. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.

Today, when the matter was taken up for hearing, the learned Special Government Pleader appearing for the respondents 1 to 4, produced the proceedings of the Tahsildar - 3rd 2/4

respondent in Na.Ka.No.40/2022/S, dated 13.10.2022, addressed to him and submitted that pursuant to the representation of the petitioner, a survey of the public pathway in question is going to be conducted on 27.10.2022 and pursuant to the survey, necessary action would be taken for removal of encroachments, if any. 4.

Recording the said submission of the learned Special Government Pleader appearing for the respondents 1 to 4, this Writ Petition is disposed with a direction to the 3rd respondent to conduct a survey of the S.Nos.301, 302, 304, 306, 307, 311, 312, 313, 314 and 315, situated at Periammapatty Village, Palani Taluk, Dindigul District, on 27.10.2022 and if there is any encroachments, the same shall be removed as expeditiously as possible, after affording an opportunity of hearing to the petitioner and all other parties concerned and by following due process of law. No costs. [R.M.D., J.] [J.S.N.P., J.] 14.10.2022 Internet : Yes/No Index : Yes / No sj 3/4

R.MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD , J.

sj To 1.The District Collector, Dindigul District.

2.The Revenue Divisional Officer, Palani, Dindigul District.

3.The Thasildar, Palani Taluk, Dindigul District.

4.The Head Surveyor, Taluk Office, Palani, Dindigul District.

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