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Madras High CourtWP(MD)/26737/2019disposed of

A.Kannan v. The District Collector

2021-02-04Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.P.(MD)No.26737 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2021

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD)No.26737 of 2019 A.Kannan ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Melur, Office at Othakadai, Madurai.

3.The Tahsildar, Madurai East, Madurai - 625 107.

4.S.Ganapathy ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Mandamus, directing the Respondents 1 to 3 to remove the unauthorized fencing and construction made by 4th respondent by encroaching the Kalam in S.No.75/2 situated in Poolampatti Village, Chittampatti Taluk, Madurai within the time fixed by this Hon'ble Court. For Petitioner : Mr.S.Satheesh Kumar For Respondent Nos.1 to 3 : Mr.K.P.Krishnadoss Special Government Pleader For 4th Respondent : Mr.KR.Singaravadivel

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner has filed the Writ Petition, alleging encroachment by respondent No.4.

2.Though the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for respondent Nos.1 to 3 submitted that the dispute is one of encroachment, the learned counsel appearing for respondent No.4 submitted that there is a mistake crept in UDR and the enquiry is pending with the District Revenue Officer, Madurai in O.Mu.No.41397/2018/G5 dated 11.10.2018.

3.In such view of the matter, we direct the District Revenue Officer, Madurai to conclude the said proceedings by getting appropriate report from respondent No.2/Revenue Divisional Officer, Melur. The aforesaid proceedings will have to be concluded within https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.26737 of 2019 eight weeks from the date of receipt of a copy of this order and based upon the same, appropriate follow up action will have to be taken.

4.The Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (crl.side) // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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

2.The Revenue Divisional Officer, Melur, Office at Othakadai, Madurai.

3.The Tahsildar, Madurai East, Madurai - 625 107.

Copy to The District Revenue Officer, Madurai.

+1 CC to M/s.SPL GP ( SR-3499[F] dated 05/02/2021 ) +1 CC to M/s.K.R.SINGARA VADIVEL, Advocate ( SR-3439[F] dated 05/02/2021 ) W.P.(MD)No.26737 of 2019 04.02.2021 ES(CO) KB(18.02.2021) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2