T.Elango v. The Distric Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.[MD].No.13702 of 2013 and M.P.(MD).No.1 of 2013 T.Elango : Petitioner Vs.

1.The District Collector, Theni District, Theni.

2.The Block Development Officer, Bodinayakkanur, 3.The Thasildar, Bodinayakkanur, 4.The Village Administrative Officer, Sillamarathupatti Village, Silamarathupatti, 5.The President, Sillamarathupatti Village Panchayat, Silamarathupatti Post, 6.P.Thukkaiannan 7.Sankaralingam 8.R.Baskaran 9.P.Manokaran : 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 5 to remove the encroachment made by the respondents 6 to 9 and removing a concrete construction in the land comprising Survey Nos.688/2 and 688/3 situate in Sillamarathupatty Village, Bodinayakkanur Taluk, Theni District. For Petitioner : Mr.K.Guhan For Respondents 1to4 : Mr.T.S.Mohammed Mohideen, Additional Government Pleader

For Respondent No.5 : Mr.J.Gunaseelan Muthiah For Respondent No.8 : Mr.A.Muthu Esakki *******

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner submitted a representation to the Tahsildar, Bodinayakkanur Taluk, requesting to remove the encroachment put up by the respondents 6 to 9 in the land in Survey Nos.688/2 and 688/3 at Sillamarathupatty Village, Bodinayakkanur Taluk, Theni District. Since appropriate follow-up action was not taken by the Jurisdictional Tahsildar, the petitioner has come up with this Writ Petition.

2. We direct the third respondent to consider and dispose of the representation submitted by the petitioner dated 01 August, 2013 on merits and as per law with notice to the respondents 6 to

9. Such exercise shall be completed, within a period of four months from the date of receipt of a copy of this order. We also direct the petitioner to forward a copy of the representation dated 01 August, 2013, along with a copy of this order, so as to enable the third respondent to dispose of the matter, within the time stipulated above.

3. The Writ Petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Writs) /True copy/ Sub Assistant Registrar To 1.The District Collector, Theni District, Theni.

2.The Block Development Officer, Bodinayakkanur, 3.The Thasildar, Bodinayakkanur,

4.The Village Administrative Officer, Sillamarathupatti Village, Silamarathupatti, +1cc to M/s.Special Government Pleader,SR.63679 +1cc to Mr.K.guhan,Advocate,SR.63651 +1cc to Mr.B.Vinoth Balan,Advocate,SR.63927 W.P.[MD].No.13702 of 2013 05.07.2017 SML KK/SKN RSK/SAR1-13.07.2017-3P-8C