Viswanath M v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD M.Viswanath ... Petitioner -vs1.The District Collector, Thanjavur District, Thanjavur.
2.The District Revenue Officer, O/o. the District Revenue Officer, Thanjavur.
3.The Revenue Divisional Officer, O/o. the Revenue Divisional Officer, Pattukkottai, 4.The Tahsildar, Pattukkottai Taluk, Pattukkottai,
5.The Block Development Officer, Madukkur Panchayat, Madukkur, 6.M.C.Ramamoorthi 7.Vaithiyanathan 8.Chinnathambi 9.Alamelu Mangai 10.Selvamani 11.Valarmathi 12.Malathi 13.Vaideki 14.Malarvizhi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent Nos.1 to 5 to remove the encroachment made by the respondent Nos.6 to 14 and to preserve and strengthen the pond of Adaikalamkathan Kulam comprised in survey No.78/16 for an extent of 0.94.50 Ares, (2 Acres, 34 cents) situated at Mannangadu Village, Pattukkottai Taluk, Thanjavur District within the stipulated time as fixed by this Hon'ble Court.
For Petitioner :
Mr.A.C.Asaithambi For Respondents :
Mr.G.V.Vairam Santhosh, Additional Govt. Pleader for R1 to R5 Mr.J.Anandakumar for R6 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 respondent Nos.1 to 5 to remove the encroachment made by the respondent Nos.6 to 14 and to preserve and strengthen the pond of Adaikalamkathan Kulam comprised in survey No.78/16, for an extent of 0.94.50 Ares, (2 Acres, 34 cents) situated at Mannangadu Village, Pattukkottai Taluk, Thanjavur District within the stipulated time as fixed by this Hon'ble Court.
2. It is the claim of the petitioner that the respondents 6 to 14 have made the aforesaid encroachment in the place in question and in this regard, though the
petitioner made a representation on 04.12.2019 to the respondents 1 to 5 seeking to remove the aforesaid encroachment, till date, no steps have been taken by the respondents to remove the same. Hence, the petitioner has filed this Writ Petition.
3. The learned Additional Government Pleader appearing for the respondents 1 to 5 submitted that the representation of the petitioner dated 04.12.2019 would be considered by the official respondents and appropriate action will be taken to remove the encroachment, if any, in the place in question by due process of law within a time frame, for which, the learned counsel for the petitioner is agreeable.
4. Recording the above submission, this Writ Petition is disposed of with a direction to the authorities to consider and dispose of the representation of the petitioner dated 04.12.2019, on merits and in accordance with law, after perusing the documents filed by the petitioner and the respondents 6 yo 14. If there is any encroachment in the place in question, the authorites shall remove the same, after affording sufficient opportunity to all the parties concerned and by following due
process of law. Such an exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order. No costs. [R.M.D., J.] [J.S.N.P., J.] vsm 24.11.2022 TO:
1.The District Collector, Thanjavur District, Thanjavur.
2.The District Revenue Officer, O/o. the District Revenue Officer, Thanjavur.
3.The Revenue Divisional Officer, O/o. the Revenue Divisional Officer, Pattukkottai, 4.The Tahsildar, Pattukkottai Taluk, Pattukkottai, 5.The Block Development Officer, Madukkur Panchayat, Madukkur,
R.MAHADEVAN , J.
and J.SATHYA NARAYANA PRASAD, J.
vsm 24.11.2022