Rajaguru v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI Rajaguru ... Petitioner Vs.

1.The District Collector, Madurai District, 2.The Tahsildar, Thirupparankundram Taluk Office, Thirupparankundram, 3.The Block Development Officer [Village Panchayat], Thirupparankundram Panchayat Union, Thirupparankundram, Madurai District.

4.The Secretary, Othai Alangulam Panchayat, Thirupparankundram Taluk, Madurai District.

5.Kuruvan 6.Eswaran ... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondent Nos.1 to 4 to remove the encroachments of the respondent Nos.5 & 6 from the lands in survey Nos.4/37, 4/34 and 9/2 situated in Othai Alangulam Village, Valayapatti Post, Thirupparankundram Taluk, Madurai District and consequently to complete the pending road works between Othai Alangulam Village to Ko. Pudhupatti Village within the time limit that may be stipulated by this Court by considering the petitioner and his villagers' representation dated 03.10.2019. For Petitioner : Mr.M.S.Jeyakarthik For R-1 to R-3 : Mr.A.K.Baskarapandian, Special Government Pleader 1/3

O R D E R

(Order of the Court was made by T.S.SIVAGNANAM,J.) Heard Mr.M.S.Jeyakarthik, learned counsel for the petitioner and Mr.A.K.Baskarapandian, learned Special Government Pleader for the respondents 1 to 3.

2. The petitioner has filed this writ petition seeking for a direction upon the respondent Nos.1 to 4 to remove the encroachments made by the respondent Nos.5 & 6 from the lands in Survey Nos.4/37, 4/34 and 9/2 situated in Othai Alangulam Village, Valayapatti Post, Thirupparankundram Taluk, Madurai District and consequently to complete the pending road works between Othai Alangulam Village to Ko. Pudhupatti Village within a stipulated time, by considering the petitioner and his villagers' representation dated 03.10.2019.

3. Earlier, the encroachers had approached this Court by filing W.P(MD)No.18083 of 2019 which has been disposed of on 22.08.2019 giving liberty to the encroachers to submit their objections. Subsequently, an order has been passed on 09.10.2019 by the third respondent directing removal of encroachments, which was once again questioned in W.P(MD)No.22170 of 2019 which was disposed of by this Court by issuing directing to conduct an enquiry and pass orders.

4. In the light of the above, we direct the authorities to scrupulously follow the direction issued by this Court in W.P(MD) No.22170 of 2019, vide order dated 21.10.2019, within the time stipulated therein.

5. With the above observation, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) pm To 1.The District Collector, Madurai District, 2/3

2.The Tahsildar, Thirupparankundram Taluk Office, Thirupparankundram, 3.The Block Development Officer [Village Panchayat], Thirupparankundram Panchayat Union, Thirupparankundram, Madurai District.

+1 CC to M/s.SPL GP ( SR-94628[F] dated 25/10/2019 ) +1 CC to M/s.M.S.JEYAKARTHIK, Advocate ( SR-94505[F] dated 25/10/2019 ) 24.10.2019 KK/SAR/08.11.2019/3P-6C/ 3/3