R. Ponnaiah, v. The District Collector,

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 R.Ponnaiah ... Petitioner -vs1.The District Collector Dindigul, Dindigul District 2.The Thasildhar Natham, Dindigul District 3.Divya Rasu 4.Mary 5.Arul Doss 6.Chinnappan 7.The Special Thashildhar Adi-Dravidar Welfare - Unit 1 Dindigul, Dindigul District ... Respondents [R7 is impleaded vide Court order dated 19.09.2022 in W.M.P.(MD) No.

583 of 2020]

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the 1st respondent to direct the 2nd respondent to remove the encroachments by the 3 to 6th respondents and their close relatives and protect the western side public pathway in Survey No.26/1A of Aavichipatty Village, Natham Taluk, Dindigul District, based on the petitioner's representation dated 11.06.2018. For Petitioner :

Mr.S.Muthalraj For Respondents :

Mr.G.V.Vairam Santhosh Additional Government Pleader for R1 & R2 Mr.D.Selvaraj for R3, R4 & R6 No appearance for R5

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] The prayer in this writ petition is for issuance of a writ of mandamus directing directing the first respondent to direct the second respondent to remove the encroachments made by the respondents 3 to 6 and their relatives and protect the western side of the public pathway in Survey No.26/1A of Aavichipatty Village, Natham Taluk, Dindigul District, based on the petitioner's representation dated 11.06.2018.

2. The Tahsildar, Natham Taluk / second respondent herein has filed a report dated 17.09.2022 addressing to the Government Pleader with regard to the existence of encroachments as projected by the petitioner and in the said report, it is has been stated that the grievance of the petitioner is being met out by due process of law.

3. Recording the report of the Tahsildar, Natham Taluk, dated 17.09.2022, this writ petition is closed. Further, the Tahsildar, Natham Taluk, is directed to remove all the encroachments as alleged by the petitioner and as agreed in the report dated 17.09.2022, after giving due notice to all the parties concerned, as expeditiously as possible, preferably, within a period of eight weeks from the date of receipt of a copy of this order. No costs. [R.M.D., J.] [J.S.N.P., J.] 19.09.2022 (2/2) Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Dindigul, Dindigul District.

2.The Thasildhar, Natham, Dindigul District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk 19.09.2022 (2/2)