Ilavendan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.25510 of 2024 and W.M.P.(MD)No.22041 of 2024 Ilavendan ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Assistant Director, Panchayat Board, Sivagangai District, Sivagangai.

3.The Revenue Divisional Officer, Thirupuvanam, Sivagangai District.

4.The Executive Officer, Thirupuvanam Town Panchayat, Sivagangai District.

5.The Inspector of Police, Thirupuvanam Police Station, Sivagangai District.

... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order dated 01.10.2024 passed by the 4th respondent in Na.Ka.No. 89/2023/A2 and quash the same as illegal and consider the representation of the petitioners dated 14.10.2024.

For Petitioner :Mr.Chamundi Bose For Respondents :Mr.K.Balasubramani Special Government Pleader for R1 to R3 : Mr.A.Baskaran Additional Government Pleader for R4 : Mr.K.Gnana Sekaran Government Advocate (Crl.side) for R5

ORDER

Heard both sides.

2. The petitioner has been called upon to vacate from the petition mentioned site. There is no dispute that the petition mentioned site is a water body. The petitioner is having a 18 years' old daughter who is suffering from cerebral palsy.

3. Considering the special facts and circumstances, we direct the first respondent to grant alternative accommodation for the petitioner. It appears 2/4

that the petitioner is very much eligible for such concessional treatment. After the petitioner is issued with patta, granting him alternative accommodation, he shall be given exactly two months thereafter to shift. In other words, on the expiry of two months from the date of giving patta to the petitioner allotting him alternative site, the order impugned in the writ petition can be enforced.

4. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [B.P., J.] 04.03.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Assistant Director, Panchayat Board, Sivagangai District, Sivagangai.

3.The Revenue Divisional Officer, 3/4

Thirupuvanam, Sivagangai District.

G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

rmi 4.The Executive Officer, Thirupuvanam Town Panchayat, Sivagangai District.

5.The Inspector of Police, Thirupuvanam Police Station, Sivagangai District.

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