Madras High CourtWP(MD)/24371/2019disposed of

Paramesh v. The District Collector

2022-10-18Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad2 pages

W.P.(MD) No.24371 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD) No.24371 of 2019 Paramesh ... Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Tirunelveli District.

3.The Thashildar, Tirunelveli Taluk, Tirunelveli.

4.Murugan 5.Parvathi ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 forthwith to remove the encroachment made by the respondents 4 and 5 in Survey Nos.687/44, 687/45 and 687/46 of Pudur Vilage, Tirunelveli Taluk and District.

For Petitioner :

Mr.R.Pon Karthikeyan For Respondents :

Mr.S.P.Maharajan, Special Govt. Pleader for R1 to R3 Mr.M.S.Suresh Kumar for R4

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made by the respondents 4 and 5 in Survey Nos.687/44, 687/45 and 687/46 at Pudur Vilage, Tirunelveli Taluk and District.

2. Today, when the matter was taken up for hearing, the https://www.mhc.tn.gov.in/judis 1/2

W.P.(MD) No.24371 of 2019 learned Special Government Pleader appearing for the respondents 1 to 3 has produced a communication of the Tahsildar, Tirunelveli in Na.Ka.A9/3664/2022, dated 16.10.2022, wherein, the encroachment pointed out by the petitioner is affirmed and submitted that the authorities will remove the encroachments within a time frame, for which, the learned counsel for the petitioner is agreeable.

3. In view of the above submission, this Writ Petition is disposed of, directing the authorities concerned to remove the encroachments in the place in question, after affording sufficient opportunity to all the parties concerned and by following due process of law. The said exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // /11/2022 Sub Assistant Registrar(CS) vsm To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Tirunelveli District.

3.The Thashildar, Tirunelveli Taluk, Tirunelveli.

+1 CC to M/s.R.PON KARTHIKEYAN, Advocate ( SR-50133[F] dated 18/10/2022 ) +1 CC to M/s.M.S.SURESH KUMAR, Advocate ( SR-50139[F] dated 18/10/2022 ) +1 CC to M/s.SPL.GP ( SR-50322[F] dated 19/10/2022 ) W.P.(MD) No.24371 of 2019 18.10.2022 AMS(03.11.2022) 2P 7C https://www.mhc.tn.gov.in/judis 2/2