P.Kanagaraj v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD P.Kanagaraj ... Petitioner -vs1.The District Collector Dindigul District, Dindigul 2.The Block Development Officer Palani, Dindigul District 3.The Tahsildar, Palani Taluk, Dindigul District 4.D.Jeevanantham ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the Respondents No.1 to 3 to remove the encroachment made by the 4th respondent in the Government Proamboke land situated at Survey No.735/18, Kanakkanpatti Village, Palani Taluk Dindigul District, based on the petitioner's representation dated 22.09.2018.

For Petitioner :

Mr.R.Jegadeeswaran For Respondents :

Mr.G.V.Vairam Santhosh Additional Government Pleader for R1 to R3 Mr.D.Venkatesh for R4

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] The prayer in this writ petition is for issuance of a writ of mandamus directing the respondents 1 to 3 to remove the encroachments made by the fourth respondent in the Government Proamboke land situated at Survey No.735/18 of Kanakkanpatti Village, Palani Taluk, Dindigul District, based on the petitioner's representation dated 22.09.2018.

2. The grievance of the petitioner is that though he made a representation to the respondents 1 to 3 seeking removal of encroachments made by the fourth respondent in Survey No.735/18 of Kanakkanpatti Village, as early as on 22.09.2018, till date no action has been taken by the respondents 1 to 3.

3. The learned Additional Government Pleader appearing for the respondents 1 to 3 submitted that if a direction is given to the respondents 1 to 3, they will consider the petitioner's representation, within the stipulated time.

4. In view of the above submissions, without going into the merits of the claim made by the petitioner, the respondents 1 to 3 are directed to consider the petitioner' representation dated 22.09.2018 and pass appropriate orders, on merits and in accordance with law, after giving due notice to all the parties concerned, within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear that this order should not be construed as giving any positive direction to the respondents 1 to 3, who should pass orders depending upon the facts and circumstances of the case.

5. With the above direction, this writ petition is disposed of. No costs.

[R.M.D., J.] [J.S.N.P., J.] 19.09.2022 Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Dindigul District, Dindigul.

2.The Block Development Officer, Palani, Dindigul District.

3.The Tahsildar, Palani Taluk, Dindigul District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk 19.09.2022