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Madras High CourtWP(MD)/19996/2018closed

M. Ramamoorthy, S/O. Muniyandi v. The District Collector,

2022-09-19Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2022

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P(MD)No.19996 of 2018 M.Ramamoorthy ... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Tahsildar, Kariapatti, Virudhunagar District.

3.The Executive Officer, Town Panchayat, Mallanginaru, Kariyapatti Taluk, Virudhunagar District.

4.The Superintending Engineer, Tamilnadu Generation & Distribution Corporation Limited (TANGEDCO) Virudhunagar District.

5.The Assistant Engineer, Tamilnadu Generation & Distribution Corporation Limited (TANGEDCO), Mallanginaru, Kariyapatti Taluk, Virudhunagar District.

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6.Marimuthu ... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachments made by the 6th respondent in Survey No.434/1 situated at Soorampatti Village, Mallanginaru Post, Kariyapatti Taluk, Virudhunagar District, and consequently direct the respondents 4 and 5 to disconnect the electricity service connection made in the Survey No.434/1 encroachment premises by considering the representations dated 01.06.2018 and 29.08.2018.

For Petitioner : Mr.G.Mariappan For Respondents 1 to 3 : Mr.P.Thilak Kumar Government Pleader For Respondents 4 & 5 : Mr.S.Deenadhayalan Standing Counsel For 6th Respondent : Mr.M.Jothi Basu * * *

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 1 to 3 to remove the encroachments made by the 6th respondent in 2/5

Survey No.434/1 situated at Soorampatti Village, Mallanginaru Post, Kariyapatti Taluk, Virudhunagar District, and consequently direct the respondents 4 and 5 to disconnect the electricity service connection made in Survey No.434/1, the encroachment premises, by considering the petitioner's representations dated 01.06.2018 and 29.08.2018.

2.

Heard Mr.G.Mariappan, learned counsel for the petitioner, Mr.P.Thilak Kumar, learned Government Pleader, appearing for respondents 1 to 3, Mr.S.Deenadhayalan, learned Standing Counsel for respondents 4 and 5 and Mr.M.Jothi Basu, learned counsel appearing for the 6th respondent. 3.

Learned Special Government Pleader on instructions submitted that after filing of the writ petition, survey was conducted in Survey No.434/1 situated at Soorampatti Village, Mallanginaru Post, Kariyapatti Taluk, Virudhunagar District and the encroachment was identified and the same will be removed after issuing notice to the encroacher and by following due process of law.

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4.

Recording such statement of the learned Government Pleader, this Writ Petition is closed. No costs. [R.M.D., J.] [J.S.N.P., J.] 19.09.2022 Internet : Yes / No Index : Yes / No sj To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Tahsildar, Kariapatti, Virudhunagar District.

3.The Executive Officer, Town Panchayat, Mallanginaru, Kariyapatti Taluk, Virudhunagar District.

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R.MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD , J.

sj W.P(MD)No.19996 of 2018 19.09.2022 5/5