Anusuya. M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL M.Anusuya : Petitioner Vs.

1.The District Collector, Madurai District.

2.The Tahsildar, Madurai East Taluk, Madurai District.

3.P.Pandi : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the second respondent to remove the encroachment made by the third respondent in Public Road situated at Ward No.3 Mangulam Village, Madurai East Taluk, Madurai District in terms of the second respondent proceedings in Na.Ka.No.2559/2023/A3 dated 04.07.2023 in accordance with law.

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For Petitioner : Mr.S.Muthukumar For Respondents 1 &2 : Mr.P.Thilak Kumar Government Pleader

O R D E R

************ [Order of the Court was made by M.SUNDAR, J.] Captioned 'Writ Petition' ['WP' for the sake of brevity] has been filed as a 'Public Interest Litigation' ['PIL' for the sake of brevity].

2.Mr.S.Muthukumar, learned Counsel for WP petitioner is before this Court. Learned Counsel submits that third respondent [to be noted third respondent is a private respondent] has encroached upon a public pathway situate in Ward No.3, Mangulam Village, Madurai East Taluk, Madurai District. 3.Learned Counsel also drew our attention to proceedings of second respondent dated 04.07.2023 bearing reference e.f.vz;. 2559/2023/m3 wherein second respondent has requested the jurisdictional Revenue Inspector to conduct a detailed enquiry and submit a report. A scanned reproduction of this 04.07.2023 proceedings is as follows:

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4.Issue notice to official respondents.

5.Mr.P.Thilak Kumar, learned Government Pleader accepts notice for respondents 1 and 2.

6.Adverting to aforementioned 04.07.2023 order of second respondent learned Government Pleader submits on instructions that twelve [12] weeks from today will be a reasonable time frame to obtain report from the Revenue Inspector [after a detailed enquiry] and conclude the matter in accordance with law. 7.In the light of the narrative thus far, with the consent of learned Counsel for PIL petitioner and State Counsel main writ petition is taken up and disposed of. This Bench is acutely conscious of the position that third respondent [private respondent] who is the alleged encroacher is not before this Court today. Therefore, we put in a safety valve by saying that third respondent will be given an adequate opportunity / ample opportunity by second respondent before concluding the proceedings. 8.If the conclusion is to the effect that there is an encroachment, due process of law shall be followed and though obvious that will also be after giving adequate and ample 4/6

opportunity to the third respondent and or any other person concerned.

9.The grievance articulated by the PIL petitioner stands addressed and therefore we drop curtains on the captioned PIL. Captioned PIL is closed albeit recording the aforementioned aspects of the matter. There shall be no order as to costs. [M.S.,J.] & [R.S.V.,J.] 15.11.2023 Index : Yes/No Internet : Yes/No MR To 1.The District Collector, Madurai District.

2.The Tahsildar, Madurai East Taluk, Madurai District.

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M.SUNDAR, J.

and R.SAKTHIVEL, J.

MR ORDER MADE IN 15.11.2023 6/6