Ravichandran.C v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD C.Ravichandran ... Petitioner vs.

1.The District Collector, Madurai District, Madurai.

2.The Regional Joint Director of Municipal Administration, Office of the Regional Joint Director of Municipal Administration, Melakkal Road, Kochadai, 3.The Commissioner, Melur Municipality, 4.The Superintendent of Police, Superintendent of Police Office, Madurai.

5.The Deputy Superintendent of Police, 1/6

6.The Inspector of Police, Melur Police Station, 7.K.Balakrishnan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachment and obstruction made by the seventh respondent in the public roads of Kumar Nagar for reaching the Northern side agricultural lands in old Survey Nos.90/4, 90/1, 90/3, 90/5, 89/1C, 89/1B, 89/1D, 89/2, 89/3, 89/3B, 89/9A and 109/3B of Melur Village and Taluk, Madurai District.

For Petitioner : Mr.K.Baalasundharam For RR 1 & 2 : Mr.V.Nirmal Kumar Government Advocate For R - 3 : No appearance For RR 4 to 6 : Mr.T.Senthil Kumar Additional Public Prosecutor For R - 7 : Mr.Karthik Raja 2/6

ORDER

(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 5 to remove the encroachment and obstruction made by the seventh respondent in the public roads of Kumar Nagar for reaching the Northern side agricultural lands in old Survey Nos.90/4, 90/1, 90/3, 90/5, 89/1C, 89/1B, 89/1D, 89/2, 89/3, 89/3B, 89/9A and 109/3B of Melur Village and Taluk, Madurai District.

2. Seeking removal of encroachment made by the seventh respondent, the petitioner sent a representation, dated 17.10.2022 followed by reminder, dated 30.10.2022 to the official respondents. Since the same have not been considered so far, the petitioner has filed the present Writ Petition.

3. The learned Government Advocate appearing for the respondents 1 and 2 submitted that the representation of the petitioner, dated 17.10.2022 will be disposed of by the official respondents in accordance with law within a time frame.

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4. In view of the abovesaid submissions, without going into the merits of the claim made by the petitioner, the authorities concerned are directed to consider the representation of the petitioner, dated 17.10.2022 and pass appropriate orders, on merits and in accordance with law. If there is any encroachment as claimed by the petitioner, after issuing notice and conducting survey in the presence of the petitioner and all other parties, the authorities concerned shall take necessary action for removal of the encroachment, after affording sufficient opportunity of personal hearing to all the parties concerned including the seventh respondent and by following due process of law, within a period of six (6) weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs. [R.M.D.,J.] [J.S.N.P.,J.] Index : Yes / No 23.11.2022 Internet : Yes ps 4/6

To 1.The District Collector, Madurai District, Madurai.

2.The Regional Joint Director of Municipal Administration, Office of the Regional Joint Director of Municipal Administration, Melakkal Road, Kochadai, 3.The Commissioner, Melur Municipality, 4.The Superintendent of Police, Superintendent of Police Office, Madurai.

5.The Deputy Superintendent of Police, 6.The Inspector of Police, Melur Police Station, 5/6

R.MAHADEVAN ,J.

and J.SATHYA NARAYANA PRASAD,J.

ps ORDER MADE IN DATED : 23.11.2022 6/6