G.Viruthambal, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD G.Viruthambal ... Petitioner -vs1.The District Collector Trichy District, Trichy 2.The Thasildar Thiruverumbur Taluk Trichy 3.The Block Development Officer Thiruverumbur Panchayat Union Tiruverumbur, Trichy-13 4.The Secretary Palangnangudi Village Panchayat HAPP Post, Trichy-25 5.Rethinam 6.Mariyaie 7.Kamala ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 4 to remove the encroachments made by the respondents 5 to 7 in the public pathway running west to east in S.F.No.121 of Poolangudi Village, Tiruverumbur Taluk, Trichy District.

For Petitioner :

Mr.C.T.Perumal For Respondents :

Mr.G.V.Vairam Santhosh Additional Government Pleader for R1 & R2 Mr.Aayiram K.Selvakumar for R3 No appearance for R4 to R7

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] The prayer in this writ petition is for issuance of a writ of mandamus directing the respondents 1 to 4 to remove the encroachments made by the respondents 5 to 7 in the public pathway running west to east in S.F.No.121 of Poolangudi Village, Tiruverumbur Taluk, Trichy District.

2. Today, when the matter was taken up for hearing, the learned Additional Government Pleader appearing for the respondents 1 and 2, on instructions, submitted that the encroachments, as projected by the

petitioner, have been removed and to that effect, he has also produced a copy of the proceedings in Na.Ka.A4-0023-2022, dated 21.09.2022, issued by the second respondent, before this Court.

3. However, the learned counsel for the petitioner submitted that the encroachments have not been removed fully and the encroachments have been removed partially.

4. In view of the above submission of the learned counsel for the petitioner, the authority concerned is directed to remove the encroachments completely, in the manner known to law, within a period of eight (8) weeks from the date of receipt of a copy of this order, after giving sufficient opportunity to all the parties concerned.

5. With the above direction, the writ petitio is disposed of. No costs.

[R.M.D., J.] [J.S.N.P., J.] 29.09.2022 Index :

Yes / No Internet :

Yes / No krk

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk To:

1.The District Collector, Trichy District, Trichy.

2.The Thasildar, Thiruverumbur Taluk, Trichy.

29.09.2022