Thangapandian .V v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2022 CORAM :

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR V.Thangapandian ... Petitioner vs.

1. The District Collector, O/o. District Collectorate, Dindigul District.

2. The Thasildar, Nilakottai Taluk, Dindigul District.

3. Moovendiraraja

4. Palpandi

5. Murugesan

6. Abi Mannnan

7. Kanagaraj

8. Chelladurai 1/5

9. Gowthaman ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to remove the illegal encroachments made by the respondents 3 to 9 in public pathway and Odai situated in Government lands comprised in S.Nos.233, 234 and 225 at Kamupillai Chathiram Village, Nilakottai Taluk, Dindigul District within the time frame stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For R1 & R2 : Mr.M.Sarangan Additional Government Pleader

ORDER

(Order of the Court was made by D.KRISHNAKUMAR, J.) The petitioner has filed this writ petition for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to remove the illegal encroachments made by the respondents 3 to 9 in the public pathway and odai situated in Government lands comprised in S.Nos. 233, 234 and 225 at Kamupillai Chathiram Village, Nilakottai Taluk, 2/5

Dindigul District, within a time frame to be fixed by this Court. 2.

Learned Additional Government Pleader appearing for the respondents 1 and 2 submitted that the lands in the aforesaid survey numbers are classified as public pathway and odai, but some of the encroachers therein are not co-operating for survey of the said property so as to enable the authorities to remove the encroachment. He further submitted that action will be taken by the respondents 1 and 2 to remove the encroachments in the aforesaid survey numbers by due process of law within a time frame.

3.

In the light of the above submission made by the learned Additional Government Pleader, the respondents 1 and 2 are directed to remove the encroachments in the aforesaid survey numbers by due process of law within a period of twelve weeks from the date of receipt of a copy of this order. If the encroachers are not co-operating for surveying the property in question, the respondents 1 and 2 have to seek police protection and remove the encroachments within the 3/5

above stipulated time.

4.

With the above direction, the Writ Petition is disposed of. No costs.

[D.K.K.,J.] & [R.V.,J.] 13.12.2022 Index : Yes / No Internet : Yes bala To

1. The District Collector, O/o. District Collectorate, Dindigul District.

2. The Thasildar, Nilakottai Taluk, Dindigul District.

4/5

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

bala ORDER MADE IN DATED : 13.12.2022 5/5