V.Pandian v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI V.Pandian ... Petitioner Vs.

1.The District Collector, District Collector Office, Theni, Theni District.

2.The Tahsildar, Taluk Office, Andipatti, Andipatti Taluk, 3.The Block Development Officer, O/o.The Block Development Officer, Mayiladumparai, Andipatti Taluk, Theni District.

4.The Revenue Inspector, O/o. The Revenue Inspector, Mayiladumparai, Andipatti Taluk, Theni District.

5.The Village Administrative Officer, O/o. Village Administrative Officer, Kadamalaigundu, Andipatti Taluk, 6.Raja 7.Chellapandi 8.Ramar 9.Ravi 10.Suresh 11.Dilip Kumar ... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents 1 to 5 to remove the encroachment encroached by the respondents 6 to 11 in Survey Nos.869 and 870 of Kadamalaigundu Village, Andipatti Taluk, Theni District as per the representation dated 20.09.2019. 1/3

For Petitioner : Mr.M.A.M.Raja For Respondents : Mr.A.K.Baskarapandian (for R1 to R5) Special Government Pleader

O R D E R

(Order of the Court was made by T.S.SIVAGNANAM,J.) Heard Mr.M.A.M.Raja, learned counsel appearing for petitioner and Mr.A.K.Baskarapandian, learned Special Government Pleader appearing for respondents 1 to 5. In the light of the order we propose to pass, notice to the respondents 6 to 11 is dispensed with.

2.The petitioner states that there is an encroachment in Survey Nos.869 and 870 in Kadamalaigundu Village, Andipatti Taluk, Theni District, which according to the petitioner, is a road. Since we dispose of this writ petition at the admission stage without issuing notice to the private respondents 6 to 11, we are not inclined to issue any positive direction. However, we direct the respondents 1 to 5 to consider the representation of the petitioner dated 20.09.2019 after issuing notice to the petitioner as well as the private respondents 6 to 11 and conduct an enquiry and spot inspection and thereafter, pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

3.With the above directions, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(Writs) // True Copy // Sub Assistant Registrar(CS) rmk To 1.The District Collector, District Collector Office, Theni, Theni District.

2.The Tahsildar, Taluk Office, Andipatti, Andipatti Taluk, 2/3

3.The Block Development Officer, O/o.The Block Development Officer, Mayiladumparai, Andipatti Taluk, Theni District.

4.The Revenue Inspector, O/o. The Revenue Inspector, Mayiladumparai, Andipatti Taluk, Theni District.

5.The Village Administrative Officer, O/o. Village Administrative Officer, Kadamalaigundu, Andipatti Taluk, +1CC TO MR.M.A.M.RAJA, Advocate Sr. No.98746 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 98811 14.11.2019 KMV(CO) TR(04.12.2019) 3P 8C 3/3