Sakthivel. P v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.11.2022

CORAM:

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE and THE HON'BLE MR.JUSTICE R.MAHADEVAN P.Sakthhivel ... Petitioner -vs1.The District Collector Office of the Collectorate Trichy 2.The Assistant Director of Panchayat Office of the Assistant Director of Panchayat Trichy 3.The Revenue Divisional Officer Office of the Revenue Divisional Officer Trichy 4.The Tahsildar Manapparai Post and Taluk Trichy District 5.The Block Development Officer Office of the Block Development Officer Mugavanur Panchayat Vaiyampatti Panchayat Union Manapparai Taluk, Trichy

6.The President Mugavanur Village Panchayat Manapparai Taluk Pudukkottai District 7.Rengasamy Goundar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus, directing the respondents 1 to 6 to take appropriate action to remove the encroachment made by the seventh respondent in the mud road in S.F.Nos.403, 401/2, 399/4, 397/2, 379/3, 378/1, 368/1, 377/7 and 370/16 of Mugavanur Village, Manapparai Taluk, Trichy District. For Petitioner :

Mr.S.Ramsundarvijayraj For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R5

O R D E R

[Order of the Court was made by The Hon'ble ACTING CHIEF JUSTICE] Mr.P.Thilakkumar, learned Government Pleader, takes notice for the respondents 1 to 5.

2. Since the writ petition is disposed of at the admission stage itself and in view of the nature of the order proposed to be passed, notice to the respondents 6 & 7 is dispensed with.

3. With the consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

4. One Sakthhivel has filed this writ petition seeking issuance of a writ of mandamus directing the respondents 1 to 6 to take appropriate action to remove the encroachment made by the seventh respondent in the mud road in S.F.Nos.403, 401/2, 399/4, 397/2, 379/3, 378/1, 368/1, 377/7 and 370/16 of Mugavanur Village, Manapparai Taluk, Trichy District.

5. When the matter was taken up for hearing, learned Government Pleader appearing for the respondents 1 to 5 has produced a copy of the notices issued to the petitioner under Section 7 followed by Section 6 of the Tamil Nadu Land Encroachment Act, 1905 and submitted that action has already been taken for removal of the encroachment made by the seventh respondent in the public road.

6. In view of the above submission, the respondents 1 to 5 are directed to bring the action already taken to a final conclusion and remove the encroachment made by the seventh respondent in the public road, by following due process of law, within a period of four (4) weeks from the date of receipt of a copy of this order.

7. With the above direction, this writ petition stands disposed of. No costs.

[T.R., A.C.J.] [R.M.D., J.] 04.11.2022 Index :

Yes / No Internet :

Yes / No krk / myr To:

1.The District Collector, Office of the Collectorate, Trichy.

2.The Assistant Director of Panchayat, Office of the Assistant Director of Panchayat, Trichy.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Trichy.

4.The Tahsildar, Manapparai Post and Taluk, Trichy District.

5.The Block Development Officer, Office of the Block Development Officer, Mugavanur Panchayat, Vaiyampatti Panchayat Union, Manapparai Taluk, Trichy.

T.RAJA, A.C.J.

and R.MAHADEVAN , J.

krk / myr 04.11.2022