Madras High CourtWP(MD)/20748/2018disposed of

Mr. R. Kanniappan, v. The District Collector,

2022-10-11Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN AND THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD)No.20748 of 2018 R.Kanniappan ... Petitioner -Vs1.The District Collector, Office of the District Collectorate, Dindigul District.

2.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Dindigul, Dindigul District.

3.The Tahsildhar, O/o. The Tahsildhar, Vedasandur Taluk, Dindigul District.

4.The Inspector of Police, Vedasandur Police Station, Vedasandur, Dindigul District.

5.Nagaraj ... 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 illegal encroachment made by the 5th respondent with police protection in eastern side of Survey No.1789/6 situated at Kallarpatti, Ayyalur Village, Vedasandur Taluk, Dindigul District in an extent of 0.00.62 sq.mts in public lane within the time period stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For R1 to R3 : Mr.V.Nirmal Kumar Government Advocate For R4 : Mr.T.Senthil Kumar Additional Public Prosecutor For R5 : No appearance

ORDER

[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition has been filed, seeking for a direction to the respondents 1 to 3 to remove the illegal encroachment made by the 5th

respondent to an extent of 0.00.62 sq.mts in public lane in the eastern side of Survey No.1789/6 situated at Kallarpatti, Ayyaur Village, Vedasandur Taluk, Dindigul District with police protection.

2.Today, when the matter was taken up for hearing, the learned Government Advocate for the respondents 1 to 3 has produced the communication of the 3rd respondent addressed to the Executive Officer, Ayyalur Town Panchayat, Ayyalur in Na.Ka.No.6450/2022/A3, dated 22.09.2022 and the subsequent eviction notice issued by the Executive Officer, Ayyalur Town Panchayat to the 5th respondent in Na.Ka.No.323/2022, dated 06.10.2022 and submitted that vide eviction notice dated 06.10.2022 the 5th respondent has been directed to remove the encroachment within seven days, failing which, the same will be removed by the authorities concerned. 3.The said submission and the above said proceedings are not refuted by the learned counsel for the petitioner.

4.Thus, recording the above said proceedings, this Writ Petition is closed. No costs.

[R.M.D., J.] & [J.S.N.P., J.] 11.10.2022 Index : Yes / No Internet : Yes / No Myr To:

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

2.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Dindigul, Dindigul District.

3.The Tahsildhar, O/o. The Tahsildhar, Vedasandur Taluk, Dindigul District.

4.The Inspector of Police, Vedasandur Police Station, Vedasandur, Dindigul District.

R.MAHADEVAN , J.

AND J.SATHYA NARAYANA PRASAD, J.

Myr W.P.(MD)No.20748 of 2018 11.10.2022