Durairajan.T.S.R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD)No.22293 of 2023 T.S.R.Durairajan ... Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The Assistant Director of Town Panchayat, Trichy Region, Trichy District.

3.The Tahsildar, Manachanallur Taluk, Trichy District.

4.The Executive Officer, S.Kannanur Special Grade Town Panchayat, S.Kannanur, Trichy District.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order in Na.Ka.No.234/2022 Aa2, dated 20.10.2023 on the file of the 4th 1/4

respondent and quash the same as illegal and consequently, direct the respondents not to disposes the petitioner without following the due procedure established under the law from Survey No.252/1, Maruthur Sandai Gate Near, S.Kannanur Town Panchayat, Manachanallur Taluk, Trichy District. For Petitioner : Mr.P.Andiraj For Respondents : Mr.S.P.Maharajan, Special Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) Today, when the matter is taken up for hearing, the learned Special Government Pleader appearing on behalf of the respondents has furnished a copy of the photographs and made a submission that the encroachers were already removed. However, the learned counsel appearing on behalf of the petitioner states that the petitioner alone was evicted and other encroachers are yet to be removed.

2.Thus, the respondents are bound to identify other encroachers in the same property and initiate action to remove the encroachment by following the procedures as contemplated under the Act.

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3.With these directions, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S., J.) & (V.L.N., J.) 21.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To 1.The District Collector, Trichy District, Trichy.

2.The Assistant Director of Town Panchayat, Trichy Region, Trichy District.

3.The Tahsildar, Manachanallur Taluk, Trichy District.

4.The Executive Officer, S.Kannanur Special Grade Town Panchayat, S.Kannanur, Trichy District.

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S.M.SUBRAMANIAM, J.

AND V.LAKSHMINARAYANAN, J.

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