Balan, S/O.Meiyappan, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI Balan .. Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Executive Officer, Vadamadurai Town Panchayat, Vadamadurai-624 802, Dindigul District.

3.Sundharamoorthy 4.Palaniyammal 5.Selvi 6.Balachandran 7.Nanthini 8.Devi .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 and 2 to remove the encroachments made by the respondents 3 to 8 in Survey No.1195/53 of Vadamadurai Village, Vedasanthur Taluk, Dindigul District.

For Petitioner : Mr.N.Marimuthu For Respondents : Mr.S.Angappan Government Advocate (for R1) Mr.M.Rajarajan Government Advocate (for R2) Mr.T.Lajapathiroy (for R3 to R8) 1/3

ORDER

[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.N.Marimuthu, learned counsel appearing for the petitioner, Mr.S.Angappan, learned Government Advocate appearing for the first respondent, Mr.M.Rajarajan, learned Government Advocate appearing for the second respondent, Mr.T.Lajapathiroy, learned counsel appearing for the respondents 3 to 8.

2. By consent of both parties, this writ petition is taken up for final disposal.

3.It is submitted by the learned counsel for the petitioner that after survey, it was ascertained that the private respondents have encroached the Government properties.

4.The learned Government Advocate appearing for the second respondent/Vadamadurai Town Panchayat submits that the encroachers filed a separate writ petition, in which, certain directions have been issued, not to evict them without following the due process of law.

5.In the light of the above, we direct the second respondent to take further steps to issue notice to the encroachers affording them reasonable opportunities and pass appropriate orders. If there is any encroachment, the same shall be removed. This direction has to be complied with by the second respondent within a period of six weeks from the date of receipt of a copy of this order. 6.Accordingly, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) sji/mrn To 1.The District Collector, Dindigul District, Dindigul.

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2.The Executive Officer, Vadamadurai Town Panchayat, Vadamadurai-624 802, Dindigul District.

+1 CC to M/s.N.MARIMUTHU, Advocate ( SR-96138[F] dated 05/11/2019 ) +1 CC to M/s.T. LAJAPATHI ROY, Advocate ( SR-96264[F] dated 06/11/2019 ) 05.11.2019 JMN(19.11.2019) 3P : 5C 3/3