Nallathangal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2022

CORAM:

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

1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Marungpuri Taluk Office, Marungpuri, Trichy District.

3.The Block Development Officer, Marungpuri Panchayat Union, Marungpuri Taluk, Trichy District.

4.Karuppaiah 5.Rajendran 6.Karuppan 7.Palaniyandi ... 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 3 to remove the encroachment made by the respondents 4 to 7 in 1/5

S.F.No.233 which is classified as Government poramboke pathway in Malligai Malai Vannan Kuttu at Yagapuram, Thalampadi Village, Marungapuri Taluk, Trichy District on the basis of the petitioner's representation, dated 14.10.2022 within a time frame.

For Petitioner : Mr.K.Arunraj For RR 1 to 3 : Mr.S.P.Maharajan Special Government Pleader

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 3 to remove the encroachment made by the respondents 4 to 7 in S.F.No.233 which is classified as Government poramboke pathway in Malligai Malai Vannan Kuttu at Yagapuram, Thalampadi Village, Marungapuri Taluk, Trichy District, on the basis of the petitioner's representation, dated 14.10.2022 within a time frame. 2.Seeking removal of the aforesaid encroachment, the petitioner made a representation, dated 14.10.2022 to the official respondents. Since the same has not been considered so far, the petitioner has filed the present Writ Petition.

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3. The learned Special Government Pleader appearing for the respondents 1 to 3 submitted that the petitioner's representation, dated 14.10.2022 would be considered and appropriate action will be taken in accordance with law.

4. In view of the above, 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 14.10.2022 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 such encroachment, after affording sufficient opportunity of personal hearing to all the parties concerned and by following due process of law, within a period of eight (8) weeks from the date of receipt of a copy of this order. 3/5

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 29.11.2022 Internet : Yes ps To 1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Marungpuri Taluk Office, Marungpuri, Trichy District.

3.The Block Development Officer, Marungpuri Panchayat Union, Marungpuri Taluk, Trichy District.

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R.MAHADEVAN ,J.

and J.SATHYA NARAYANA PRASAD,J.

ps ORDER MADE IN DATED : 29.11.2022 5/5