Madras High CourtWP(MD)/12575/2013disposed of

Tmt.Manjula v. The District Collector,

2017-08-04Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.12575 of 2013 Manjula .. Petitioner Vs.

1. The District Collector, Madurai District, Madurai.

2. Malini

3. Indira

4. Ulakkaiyan

5. Palani

6. Karthigan .. Respondents (R-2 to R-6 are impleaded vide order dated 04.08.2017) PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to remove the encroachment in the front yard of the petitioner's house in Door No.163, East Street, Thuvariman, Madurai South Taluk, Madurai District, by considering the petitioner's representation dated 24.06.2013 within a period stipulated by this Hon'ble Court. For petitioner : Mr.S.Selvakumar For respondent No.1 : Mr.M.Govindan Special Government Pleader

O R D E R

*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] This writ petition has been filed for removal of encroachment made in front of the writ petitioner's house, by one Malini. As a result, the writ petitioner is not able to enter into her own house. Even though the writ petitioner submitted several petitions to the respondent, no action was taken. Therefore, the present writ petition came to be filed.

2. Since the writ petition is of the year 2013 and it is possible that the petition submitted by the writ petitioner may not be available to the authorities, this Court permits the writ https://hcservices.ecourts.gov.in/hcservices/

petitioner to move the jurisdictional Tahsildar by submitting a comprehensive representation. The jurisdictional Tahsildar, upon receipt of the said representation from the writ petitioner, shall take action for removal of the encroachment in question. The removal of encroachment will be strictly in accordance with the statutory procedure. Notice must be given to the encroacher and they have to be heard. The jurisdictional Tahsildar shall complete the entire exercise within a period of three months from the date of receipt of the representation from the writ petitioner.

3. The Writ Petition is disposed of, with the above direction. No costs.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To:

The District Collector, Madurai District, Madurai.

KM TE/SV-MMS/SAR-IV : 18/09/2017 : 2P/2C ORDER MADE IN W.P.(MD)No.12575 of 2013 04.08.2017 https://hcservices.ecourts.gov.in/hcservices/