Madras High CourtWP(MD)/3798/2011disposed of

Balakumar, v. The District Collector,

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.3798 of 2011 Balakumar : Petitioner Vs.

1. The District Collector, Tirchirappalli District, Tirchirappalli.

2. The Revenue Divisional Officer, Musiri Taluk,

3. The Tahsildar Taluk Office, Musiri Taluk, 4.Ramesh 5.Perumal Konar 6.Dharmaraj : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove all the encroachments in S.F.No.257/18, water tank situated in Kodundurai village, Musiri Taluk and in Mangamma Salai.

For Petitioner : Mr.K.Govindarajan For R.1 to R.3 : Mr.M.Govindan Special Government Pleader For R.4 to R.6 : Dismissed for default *******

O R D E R

*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioner seeks removal of the encroachment in Survey No.257/18, in Kodundurai village, Musiri Taluk and in Mangamma Salai..

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2.The writ petitioner has already submitted a representation in this regard to the authorities concerned. Since no action was taken, the present writ petition has been filed. Since this writ petition is of the year 2011, the authorities may or may not have the representation received from the writ petitioner.

3.We therefore permit the writ petitioner to make comprehensive representation to the Tahsildar, Musiri Taluk. The third respondent herein shall initiate action in accordance with law on the said representation. If encroachment is noticed, the same shall be removed after duly complying with due process of law. The encroachers shall be put on notice and they shall be heard before the encroachments are removed within a period of three months from the date of receipt of the representation from the writ petitioner.

4.The Writ Petition is accordingly disposed of. No costs. Sd/- Assistant Registrar (CS-III) /True copy/ Sub Assistant Registrar To

1. The District Collector, Tirchirappalli District, Tirchirappalli.

2. The Revenue Divisional Officer, Musiri Taluk,

3. The Tahsildar Taluk Office, Musiri Taluk, +1 CC to M/s.K.GOVINDARAJAN, Advocate, SR No. 71431. TSG PSM/KK/SAR1/29.08.2017/2P/5C Order made in W.P.(MD)No.3798 of 2011 dated: 08.08.2017 https://hcservices.ecourts.gov.in/hcservices/