Rajammal. N v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2022

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P(MD)No.25244 of 2022 N.Rajammal ... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Sub Collector/Revenue Divisional Officer, Sivakasi, 3.The Tahsildar, Srivilliputtur Taluk, 4.The Block Development Officer, Srivilliputtur Panchayat Union, 5.The President, Malli Village Panchayat, Srivilliputtur Panchayat Union, 6.The Village Administrative Officer, Malli Village, 1/6

7.Radhakrishnan 8.Subburaj 9.Manonmani ... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the 3rd Respondent to remove the encroachment in Survey Numbers 986/1A and 988/2, Appanaickenpatti Village, Malli Village Panchayat, Srivilliputtur Taluk, Virudhunagar District in view of the representation dated 24.04.2022 within the stipulated period which this Hon'ble Court may deem fit and proper.

For Petitioner : Mr.M.Jothi Basu For Respondents 1 to 3 & 6: Mr.S.P.Maharajan Special Government Pleader * * *

O R D E R

(Order of the Court was made by R.MAHADEVAN, J.) The petitioner has come forward with this writ petition praying to issue a Writ of Mandamus, directing the 3rd respondent to remove the encroachment made in S.Nos.986/1A and 988/2, Appanaickenpatti Village, Malli Village Panchayat, Srivilliputtur Taluk, Virudhunagar District, based on her representation dated 24.04.2022, within a time frame.

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2.

Heard Mr.M.Jothi Basu, learned counsel for the petitioner and Mr.S.P.Maharajan, learned Special Government Pleader, appearing for the respondents 1 to 3 & 6. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.

Having regard to the nature of the order proposed to be passed in this writ petition, notice to the respondents 4, 5 and 7 to 9 is dispensed with.

4.

Learned Special Government Pleader appearing for the respondents 1 to 3 & 6, on instructions, submitted that almost all the encroachments in S.Nos.986/1A and 988/2, Appanaickenpatti Village, Malli Village Panchayat, Srivilliputtur Taluk, Virudhunagar District, have already been removed, which statement is refuted by the learned counsel for the petitioner. In turn, the learned Special Government Pleader submitted that the remaining encroachments will be removed within a period of six weeks.

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5.

Recording the said submissions of the learned Special Government Pleader, appearing for the respondents 1 to 3 and 6, this Writ Petition stands disposed of, with a direction to the 3rd respondent to remove the remaining encroachments in S.Nos. 986/1A and 988/2, Appanaickenpatti Village, Malli Village Panchayat, Srivilliputtur Taluk, Virudhunagar District, after affording an opportunity of hearing to the petitioner, respondents 7 to 9 and any other parties concerned and by following due process of law. Such an exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. No costs. [R.M.D., J.] [J.S.N.P., J.] 08.11.2022 Internet : Yes / No Index : Yes / No sj To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Sub Collector/Revenue Divisional Officer, Sivakasi, 4/6

3.The Tahsildar, Srivilliputtur Taluk, 4.The Village Administrative Officer, Malli Village, Virudhunagar District..The Village Administrative Officer, Malli Village, 5/6

R.MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD , J.

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