Sakthivel v. The District Collector,

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.20961 of 2018 and W.M.P.(MD)No.18742 of 2018 Sakthivel ... Petitioner -Vs1.The District Collector, Karur.

2.The Thasildar, Aravankurichi Taluk, Karur District.

3.The Executive Engineer, Public Works Department (Highways), Karur.

4.Periyasamy 5.Marimuthu ... 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 all the encroachments in Karur, Dharapuram Main Road at Rengapalayam Village more particularly on the northern side of S.F.No.1762, Kudaloor Bit 2, Chinna Dharapuram, Aravankurichi Taluk.

For Petitioner : Mr.K.Govindarajan For R1 to R3 : Mr.G.V.Vairam Santhosh Additional Government Pleader For R4 & R5 : No appearance

ORDER

[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition has been filed, seeking a direction to the respondents 1 to 3 to remove all the encroachments in Karur, Dharapuram Main Road at Rengapalayam Village more particularly in the northern side of S.F.No.1762, Kudaloor Bit 2, Chinna Dharapuram, Aravankurichi Taluk.

2.The claim of the petitioner is that the respondents 4 and 5 have encroached the northern side of S.F.No.1762, Kudaloor Bit 2, Chinna Dharapuram, Aravankurichi Taluk and started to put up a construction therein. Hence, the petitioner made a representation dated 23.08.2018, to the respondents 1 to 3, however, the same was not considered. Hence, this Writ Petition. 3.The learned Additional Government Pleader for the respondents 1 to 3 would submit that the representation of the petitioner dated 23.08.2018 will be considered and necessary orders will be passed within a time frame to be fixed by this Court.

4.In view of the above said submission, without going into the merits of the claim made by the petitioner, we direct the official respondents to consider the representation of the petitioner, dated 23.08.2018, if not already considered and pass appropriate orders on merits and in accordance with law. If there is any encroachment, the authorities concerned shall remove the same after giving

sufficient opportunity to all the parties concerned and by due process of law, within a period of eight (8) weeks from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. [R.M.D., J.] & [J.S.N.P., J.] 11.10.2022 Index : Yes / No Internet : Yes / No Myr To:

1.The District Collector, Karur.

2.The Thasildar, Aravankurichi Taluk, Karur District.

3.The Executive Engineer, Public Works Department (Highways), Karur.

R.MAHADEVAN , J.

AND J.SATHYA NARAYANA PRASAD, J.

Myr W.P.(MD)No.20961 of 2018 11.10.2022