Madras High CourtWP(MD)/23225/2023disposed of

George .D v. The District Collector

2024-02-13Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD) No.23225 of 2023:

D.George ... Petitioner -vs1.The District Collector Tirunelveli, Tirunelveli 2.The Block Development Officer Radhapuram, Tirunelveli District 3.The Thasildar Thaisyanvilai Taluk Tirunelveli District 4.Seeli ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 3 to remove the encroachment made by the fourth respondent in public pathway in Survey

Nos.521/1, 521/2 and 521/3 of Karaisuthu Uvari Village, Tirunelveli District, by considering the petitioner's representation dated 23.06.2023 within a time stipulated by this Court.

For Petitioner Mr.S.C.Herold Singh For Respondents Mr.T.Amjad Khan Government Advocate for R1 to R3 Mr.S.Prasanth for R4 W.P.(MD) No.27053 of 2023:

Josephine Mary Anusha ... Petitioner -vs1.The District Collector Office of the District Collector Tirunelveli, Tirunelveli District 2.The Block Development Officer Office of the Block Development Officer Radhapuram, Tirunelveli District 3.The Thasildar Officer of the Thasildar Thaisyanvilai Taluk Tirunelveli District 4.Seeli ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 3 to remove the encroachment made in public pathway in Survey Nos.521/1, 521/2 and 521/3 of Karaisuthu Uvari Village, Tirunelveli District, by considering the petitioner's representation submitted by the general public along with the petitioner dated 23.06.2023 in accordance with law within a time stipulated by this Court.

For Petitioner Mr.C.Ezhilarasu For Respondents Mr.T.Amjad Khan Government Advocate for R1 to R3 Mr.S.Prasanth for R4 C O M M O N O R D E R [Order of the Court was made by D.KRISHNAKUMAR, J.] Prayer in these writ petitions is to direct the respondents to remove encroachments made by the fourth respondent in a public pathway in Survey Nos.521/1, 521/2 and 521/3 of Karaisuthu Uvari Village, Tirunelveli District.

2. To be noted, this Court, by order dated 13.02.2024, passed in W.P.(MD) No.1553 of 2024, has directed the fourth respondent herein, who filed the said writ petition, to treat the impugned notice as a show-cause notice and submit her objection and directed the Panchayat President to pass appropriate orders, after receiving the objections of the fourth respondent.

3. In view of the said order dated 13.02.2024 passed in W.P.(MD) No.1553 of 2024, no further adjudication is required in the present writ petitions.

4. Accordingly, the writ petitions are closed. However, if necessary, liberty is granted to the petitioners to approach the Village Panchayat to take further action for removal of encroachments in the subject land. No costs.

[D.K.K., J.] [R.V., J.] 13.02.2024 (2/2) NCC Yes / No Index Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Tirunelveli, Tirunelveli.

2.The Block Development Officer, Radhapuram, Tirunelveli District.

3.The Thasildar, Thaisyanvilai Taluk, Tirunelveli District.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

krk W.P.(MD) Nos.23225 & 27053 of 13.02.2024 (2/2)