Madras High CourtWP(MD)/11644/2011disposed of

Kandigaiperi Village v. The District Collector

2017-08-31Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:31.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.11644 of 2011 Kandigaiperi Village, rep.by its Village Headman(Nattanmai) Mr.M.Karuppasamy, Perumbathur Panchayat, Sankarankoil Taluk, Tirunelveli District.

... Petitioner Vs.

1. The District Collector,

2. The Revenue Divisional Officer, Sankarankovil Taluk, Tirunellveli District.

3. The Tahsildar, Sankarankovil Taluk, Tirunelveli District.

4. The Superintendent of Police, 5.The President, Perumbathur Panchayat, Sankarankoil Taluk, Tirunelveli District.

6.Madasamy velar 7.M.Kamal Sridhar 8.Arunachala Velalar 9.Vellaichamy Velalar 10.Ramaiah 11.S.Sakthivel 12.R.Antonysamy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 3nd respondent to implement his order issued in his proceedings in Na.Ka.Aa.11/17086/10 dated 14.02.2011 and further direct the respondents 1 to 5 to remove the rest of encroachments in view of

the representations sent by the petitioner dated 20.09.2010, 26.09.2010, 14.02.2011 within the time limit that may be stipulated by this Court.

For Petitioner : Mr.G.Thalaimutharasu For R1 to R4 : Mr.M.Govindan, Special Government Pleader.

For R6 to R9, R11 & R12 : Mr.F.X.Eugene For R-5 : No Appearance

JUDGMENT

*********** [Judgment of the Court was delivered by G.R.SWAMINATHAN, J.] The Writ Petitioner seeks removal of the encroachments said to have been committed by the respondents 6 to 12 herein. It is seen that the Tahsildar, Sankarankovil had earlier informed in response to the request made by the Writ petitioner that the encroachment in question shall be removed within one week. It appears that there was no follow up action taken.

2. We, therefore, direct the third respondent herein to take follow up action by removing the encroachment in question and the encroachers shall be given due notice. The third respondent shall follow the statutory procedure. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

3. This Writ Petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To:

1. The District Collector,

2. The Revenue Divisional Officer, Sankarankovil Taluk, Tirunellveli District.

3. The Tahsildar, Sankarankovil Taluk, Tirunelveli District.

4. The Superintendent of Police, +1cc to Mr.F.X.Eugene, Advocate Sr.No.76341 +1cc to Mr.G.Thalaimutharasu, Advocate Sr.No.76311 +1cc to Spl.Government Pleader Sr.No.76007 DSS/KM VB/SKN/RSK/SAR1/25/10/2017/3P/8C W.P(MD)No.11644 of 2011 31.08.2017