K.Paulraj, S/O.Kadarkarai v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD K.Paulraj ... Petitioner -vs1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Tenkasi Division, Tirunelveli District, Tirunelveli.

3.The Tahsildar, Kadayanallur Taluk, Tirunelveli District 4.Ganesh Kumar

5.The Commissioner, Puliyankudi Municipality, Puliyankudi, Tirunelveli District.

(R5 is impleaded vide Court order dated 12.09.2017 in W.M.P.(MD)No.13647/2017) ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to stop the illegal construction being done by the 4th respondent and to remove the encroachment in Ward No.16, E Block 34, Down measurement No.92, (Extend 0.0247) Old Survey No.309/2A1A, situated in Rengaruppan Street, Puliyankudi, Kadayanallur, Tirunelveli District, based on the petitioner's representation dated 01.03.2017 within the time limit that may be stipulated by this Hon'ble Court. For Petitioner :

No Appearance For Respondents :

Mr.P.Thilakkumar, Government Pleader for R1 to R3

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to stop the illegal construction being done by the

4th respondent and to remove the encroachment in Ward No.16, E Block 34, Down measurement No.92, (Extend 0.0247) Old Survey No.309/2A1A, situated in Rengaruppan Street, Puliyankudi, Kadayanallur, Tirunelveli District, based on the petitioner's representation dated 01.03.2017, within the time limit that may be stipulated by this Court.

2. There is no representation for the petitioner.

3. It is the case of the petitioner that the fourth respondent herein had encroached the Government poramboke land and in this regard, the petitioner has given representation to the respondents. However, the same was not considered by the respondents. Hence, the petitioner has approached this Court by filing this Writ Petition as Public Interest Litigation.

4. The learned Government Pleader appearing for the respondents 1 to 3 submits that the encroachment made by the fourth respondent, as claimed by the petitioner, had already been removed and there are no other encroachments. He has also placed a photograph to prove the same.

5. Recording the same, this Writ Petition is disposed of. No costs. [R.M.D., J.] [J.S.N.P., J.] 13.09.2022 Index : Yes / No Internet : Yes / No To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Tenkasi Division, Tirunelveli District, Tirunelveli.

3.The Tahsildar, Kadayanallur Taluk, Tirunelveli District 4.The Commissioner, Puliyankudi Municipality, Puliyankudi, Tirunelveli District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

vsm 13.09.2022