All India Ambedkar People v. The District Collector

Writ Petition No.1574 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAN and THE HONOURABLE MRS.JUSTICE R.THARANI Writ Petition No.1574 of 2016 All India Ambedkar People Movement represented by its Town President Mr.A.Adaikala Dass.

... Petitioner Vs.

1.The District Collector, Collectorate, Dindigul District.

2.The Revenue Divisional Officer, Revenue Office, Kodaikanal, Dindigul District.

3.The Tahsildar, Taluk Office, Kodaikanal, Dindigul District.

4.Mr.M.Thanabalagan 5.P.S.V.Mani ... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to remove the encroachments made by the fourth respondent in T.S.No.4, Block No.19, Ward B Kodaikanal Town, Dindigul District measuring to an extent of 2.40 hectares which is declared as "River Poramboke" and in S.No.385/B2 Ward 'C', Block 12, Town S.No.14, 15 about 800 sq.ft. which is declared as "Lake" and to submit a report within the time stipulated by this Court. For Petitioner : Mr.A.Arul Doss For R1 to R3 : Mr.A.K.Baskara Pandian Special Government Pleader For R4 : Mr.S.Anand Chandrasekar

O R D E R

(Order of the Court was made by T.S.SIVAGNANAN,J.) Heard Mr.A.Arul Doss, learned counsel appearing for the petitioner, Mr.A.K.Baskara Pandian, learned Special Government Pleader appearing for the respondents 1 to 3 and Mr.S.Anand Chandrasekar, learned counsel appearing for the fourth respondent. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Writ Petition No.1574 of 2016

2. The learned counsel appearing for the petitioner would submit that he has returned the papers to the client.

3. It appears that the petitioner has not made any alternative arrangements. The fourth respondent, who is alleged to be an encroacher has entered appearance through counsel and submits that there is no encroachment.

4. Considering the fact that the writ petition is of the year 2016 and none of the parties are able to render any assistance to this Court, we close the writ petition by giving liberty to the petitioner to approach the authorities afresh, if still the grievance survives. It goes without saying that even if there is no complaint received, the Revenue authorities have to examine as to whether there is any encroachment or not. Therefore, the Tahsildar, Dindigul District shall conduct an inspection and proceed in accordance with law.

5. The above direction shall be complied with within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar (P&A) // True Copy // Sub Assistant Registrar(CS ) akv To 1.The District Collector, Collectorate, Dindigul District.

2.The Revenue Divisional Officer, Revenue Office, Kodaikanal, Dindigul District.

3.The Tahsildar, Taluk Office, Kodaikanal, Dindigul District.

Writ Petition No.1574 of 2016 01.10.2019 CS(31.10.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2