V.Tamil Selvan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD V.Tamil Selvan ... Petitioner vs.
1.The District Collector, Madurai District, Madurai.
2.The Superintendent of Police, Madurai District, Madurai.
3.The District Revenue Officer, Madurai District, Madurai.
4.The Revenue Divisional Officer, Usilampatti, 5.The Deputy Superintendent of Police, Usilampatti, 6.The Tahsildar, Usilampatti, 1/6
7.The Sub-Inspector of Police, Vikkira Mangalam Police Station, 8.The Block Development Officer [Village Panchayat], Chellampatti, Usilampatti Taluk, 9.The Secretary, Vikkiramangalam Panchayat, Usilampatti Taluk, 10.Thavamani 11.Tamilarasan 12.Ganesan 13.Sahadevan 14.Laxmanan 15.Santhanam ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents 1 to 9 to remove the encroachments of the respondents 10 to 15 from the Thattaan Kulam Oorani, situating in Old Survey No.261, New Survey Nos. 261/1A and 261/1C in Nariyampatti Village, Vikkiramangalam Panchayat, Usilampatti Taluk, Madurai District by considering the petitioner's representation, dated 27.09.2019 within the time limit stipulated by this Court.
2/6
For Petitioner : Mr.S.Jeyakarthik For RR 1, 3, 4, 6 & 8 : Mr.S.P.Maharajan Special Government Pleader For RR 2, 5 & 7 : Mr.T.Senthil Kumar Additional Public Prosecutor For RR 10 to 15 : No appearance
ORDER
(Order of the Court was made by R.MAHADEVAN, J.) The prayer made in this Writ Petition is to issue a Writ of Mandamus, directing the respondents 1 to 9 to remove the encroachments of the respondents 10 to 15 from the Thattaan Kulam Oorani, in Old Survey No.261, New Survey Nos.261/1A and 261/1C in Nariyampatti Village, Vikkiramangalam Panchayat, Usilampatti Taluk, Madurai District by considering the petitioner's representation, dated 27.09.2019.
2. The learned counsel appearing for the petitioner submitted that though the petitioner made representation, dated 27.09.2019 to the authorities concerned seeking to remove the encroachments made by the respondents 10 to 15, till date no steps have been taken by the official respondents to remove the same. Hence, this Writ Petition. 3/6
3. The learned Special Government Pleader appearing for the respondents 1, 3, 4, 6 & 8, on instructions, submitted that the representation of the petitioner, dated 27.09.2019 would be considered and appropriate action will be taken, for which, the learned counsel appearing for the petitioner is agreeable.
4. In view of the abovesaid submission, this Writ Petition is disposed of directing the official respondents to consider the representation of the petitioner, dated 27.09.2019 on merits and in accordance with law. If there is any encroachment, the authorities concerned shall remove the same, after affording sufficient opportunity to all the parties concerned and by following due process of law. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. No costs.
[R.M.D.,J.] [J.S.N.P.,J.] Index : Yes / No 18.10.2022 Internet : Yes ps 4/6
To 1.The District Collector, Madurai District, Madurai.
2.The Superintendent of Police, Madurai District, Madurai.
3.The District Revenue Officer, Madurai District, Madurai.
4.The Revenue Divisional Officer, Usilampatti, 5.The Deputy Superintendent of Police, Usilampatti, 6.The Tahsildar, Usilampatti, 7.The Sub-Inspector of Police, Vikkira Mangalam Police Station, 8.The Block Development Officer [Village Panchayat], Chellampatti, Usilampatti Taluk, 9.The Secretary, Vikkiramangalam Panchayat, Usilampatti Taluk, 5/6
R.MAHADEVAN ,J.
and J.SATHYA NARAYANA PRASAD,J.
ps ORDER MADE IN DATED : 18.10.2022 6/6