Madras High CourtWP(MD)/19342/2016disposed of

Mr.E.A.S.S.N. Navaneetha v. The District Collector,

2024-08-08Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI E.A.S.S.N.Navaneethakrishnan, President, Manamadurai Sri Sangu Vinayagar Sri Karpoora Swamy Koil Baktha Shabai, No.47, Mela Avani Moola Street, Madurai - 1.

... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Manamadurai Taluk Office, Manamadurai, Sivagangai District.

3.The Assistant Director of Survey, Collectorate Complex, Sivagangai District.

4.S.Seethalakshmi 1/4

5.R.Dhanikodi Servai 6.R.Manikandan ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner's representation dated 23.05.2016 regarding the removal of the encroachment and also direct the second respondent to remove all the illegal encroachments made in the North West Corner of the illegal encroachments made in the North West Corner of the Sangu Pillaiyar Koil Oorani, by the 4th, 5th and 6th respondents in Survey No.44/2, in K.K.Pallam Group, Manamadurai, Sivagangai District. For Petitioner : Mr.S.Arivalagan For Respondents : Mr.Om Prakash Government Advocate for R.1 to R.3 Mr.A.K.Manickam for R.4 to R.6

ORDER

Heard both sides.

2.The petitioner alleges that in Sangu Pillaiyar Koil Oorani in Survey No.44/2 in KK Pallam, Manamadurai, there are encroachments. 2/4

3.The Tahsildar, Manamadurai concedes that survey conducted by them indicates that there are encroachments in the said oorani and that steps are being taken to remove the same.

4.We direct the respondents 1 to 3 to adhere to due process of law, identify the encroachments, issue notices to them and remove them by following procedure. Removal of encroachments shall be completed with five months from the date of receipt of a copy of this order. 5.This writ petition is disposed of accordingly. There shall be no order as to costs.

[G.R.S., J.] [B.P., J.] 08.08.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Manamadurai Taluk Office, Manamadurai, Sivagangai District.

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G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

MGA 3.The Assistant Director of Survey, Collectorate Complex, Sivagangai District.

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