Madras High CourtWP(MD)/14827/2013disposed of

V.C. Asokan, v. The Assistant Director

2017-07-25Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.14827 of 2013 and M.P.(MD)No.1 of 2013 V.C.Asokan .. Petitioner Vs.

1.The Assistant Director (Panchayat), Rural Development Department, Collectorate, Pudukottai.

2.The Tahsildar, Alangudi and Taluk, Pudukottai District.

3.The Block Development Officer, (Scheme) Panchayat Union Office, Thiruvarankulam, Alangudi Taluk, Pudukottai District.

4.Chinnadurai .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove encroachment made by the 4th respondent in S.No.93/3 'Uthakulam Tank'.

For petitioner : Mr.N.Balakrishnan For Respondents 1 to 3 : Mr.Ts.Md.Mohideen Additional Government Pleader For 4th Respondent :No appearance

O R D E R

************ [Order of the Court was made by G.R.SWAMINATHAN, J.] The petitioner seeks removal of encroachment made by the fourth respondent in Survey No.93/3, Uthakulam Tank. 2.It is seen from the communication dated 12.08.2013 issued by the Tahsildar, Alangudi that the fourth respondent herein had made encroachment in the said tank and it is proposed to be removed. The communication has been issued by the Tahsildar, https://hcservices.ecourts.gov.in/hcservices/

Alangudi to the Block Development Officer, the third respondent herein.

3.Heard the learned Additional Government Pleader appearing for the respondents 1 to 3.

4.The learned Additional Government Pleader would submit that it is the Assistant Engineer, Public Works Department, Alangudi, who has to take action.

5.We therefore, permit the writ petitioner to make a comprehensive representation to the jurisdictional authority. The said authority on receipt of such representation shall take action to remove the encroachment in question after due notice to the fourth respondent herein and others, if any, within a period of three months from the date of receipt of the said representation. 6.The writ petition is disposed of with the above direction. No costs. Consequently, connected Miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To 1.The Assistant Director (Panchayat), Rural Development Department, Collectorate, Pudukottai.

2.The Tahsildar, Alangudi and Taluk, Pudukottai District.

3.The Block Development Officer, (Scheme) Panchayat Union Office, Thiruvarankulam, Alangudi Taluk, Pudukottai District.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No.68394 +1cc to Mr.N.BALAKRISHNAN Advocate in SR. No.67695 RJ2/VSG JS/MR.KKR/SAR.4/7.8.2017/2P-6C ORDER MADE IN W.P(MD)No.14827 of 2013 and M.P.(MD)No.1 of 2013 25.07.2017 https://hcservices.ecourts.gov.in/hcservices/