Seeni.P v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD P.Seeni ... Petitioner -vs1.The District Collector Virudhunagar Virudhunagar District 2.The Tahsildar Thiruchuzhi Taluk Virudhunagar District 3.The Block Development Officer Narikudi Panchayat Union Virudhunagar District 4.The Village Panchayat Union Velanoorani Village Virudhunagar District 5.Veeraiah ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 4 to remove the encroachment made by the fifth respondent in Survey No.494/1, situated in Valayapatti, Velanoorani Village, Thiruchuzhi Taluk, Virudhunagar District. For Petitioner :

Mr.M.Karthikeya Venkitachalapathy For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R4 Mr.T.Veerakumar for R5

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] Mr.P.Thilakkumar, learned Government Pleader, takes notice for the respondents 1 to R4 and Mr.T.Veerakumar, learned counsel, takes notifce for the fifth respondent.

2. With the consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

3. The prayer in the writ petition is for issuance of a writ of mandamus directing the respondents 1 to 4 to remove the encroachment made by the fifth respondent in Survey No.494/1, situated in Valayapatti, Velanoorani Village, Thiruchuzhi Taluk, Virudhunagar District.

4. According to the petitioner, the fifth respondent has made encroachment in the public pathway in Survey No.494/1 of Valayapatti, Velanoorani Village and on account of which, the general public are unable to use the pathway. Further, based on the representation submitted by the villagers ventilating the said encroachment, the second respondent vide order dated 16.09.2022 directed the third respondent to remove the encroachment. However, till date, the encroachment has not been removed. Hence, this writ petition.

5. The learned counsel appearing for the fifth respondent refuted the above allegations and according to him, there is no encroachment in the subject pathway, as alleged by the petitioner.

6. The learned Government Pleader appearing for the respondents 1 to 4, on instructions, submitted there is an encroachment, as projected by the petitioner, in the subject pathway in the form of a wire fencing to an extent of 69 square meter, due to which, the ingress and egress of the general public get affected and the second respondent has also instructed the third respondent to remove the said encroachment and report back to him. To that effect, the learned Government Pleader has produced a communication of the second respondent addressed to him, dated 19.11.2022, before this Court. Thus, the learned Government Pleader submitted that the encroachment in the subject pathway would be removed, by following due process of law, as expeditiously as possible.

7. In view of the above, the second respondent is directed to conduct an inspection in the subject pathway and if necessary, to conduct a survey in the presence of all the parties concerned and if the survey reveals any encroachment as pointed out by the petitioner, the same shall be removed, after giving due notice and sufficient opportunity to all the parties concerned and by following due process of law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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

[R.M.D., J.] [J.S.N.P., J.] 21.11.2022 Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Virudhunagar, Virudhunagar District.

2.The Tahsildar, Thiruchuzhi Taluk, Virudhunagar District.

3.The Block Development Officer, Narikudi Panchayat Union, Virudhunagar District.

4.The Village Panchayat Union, Velanoorani Village, Virudhunagar District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk 21.11.2022