Annadurai v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN AND THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD)No.27353 of 2022 Annadurai ... Petitioner -Vs1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Office of the Devakottai Revenue Divisional Officer, Devakottai, Sivagangai District.

3.The Tahsildar, Office of the Devakottai Tahsildar, Devakottai, Sivagangai District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to remove the encroachment in S.No.178/32 and S.No.178/44 of Thiruvalluvar Nagar, Naduvikottai Village, Eluvan Kottai Group, Devakottai Taluk, Sivagangai District based on the

petitioner's representation dated 20.09.2021 within a stipulated time as may be fixed by this Court.

For Petitioner : Mr.C.Senthil Murugan For Respondents : Mr.G.V.Vairam Santhosh, Additional Government Pleader

ORDER

[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition is filed for issuance of Writ of Mandamus, directing the respondents to remove the encroachment in S.Nos.178/32 and 178/44 of Thiruvalluvar Nagar, Naduvikottai Village, Eluvan Kottai Group, Devakottai Taluk, Sivagangai District, based on the petitioner's representation dated 20.09.2021 within a time frame.

2.Mr.G.V.Vairam Santhosh, learned Additional Government Pleader takes notice for the respondents.

3.By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

4.Pointing out the aforesaid encroachment, the petitioner made a representation dated 20.09.2021 to the respondents, seeking removal of the same. Finding inaction on the part of the respondents, the petitioner has filed this Writ Petition.

5.The learned Additional Government Pleader for the respondents, on instructions, submitted that the representation of the petitioner dated 20.09.2021 would be considered on merits and appropriate action would be taken by the authorities concerned for removal of the encroachment, if any, in the place in question by following due process of law, within a time frame. 6.In view of the above, without going into the merits of the case, this Court directs the authorities concerned to consider the representation of the petitioner dated 20.09.2021 and pass appropriate orders on merits and in accordance with law. If there is any encroachment in the place in question, the same would be removed by the authorities concerned, after affording sufficient

opportunity 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. 7.With the above direction, this Writ Petition stands disposed of. No costs.

[R.M.D., J.] & [J.S.N.P., J.] 01.12.2022 Index : Yes / No Internet : Yes / No Myr To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Office of the Devakottai Revenue Divisional Officer, Devakottai, Sivagangai District.

3.The Tahsildar, Office of the Devakottai Tahsildar, Devakottai, Sivagangai District.

R.MAHADEVAN , J.

AND J.SATHYA NARAYANA PRASAD, J.

Myr W.P.(MD)No.27353 of 2022 01.12.2022