Madras High CourtWP(MD)/2639/2013disposed of

Mohan, S/O.Thiyagarajan, v. The District Collector,

2017-03-13Honourable Mr Justice R. Subramanian2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2017 Coram:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN W.P (MD) No. 2639 of 2013 M.Mohan ... Petitioner/Petitioner -Vs1. The District Collector, Thanjavur.

2. The Block Development Officer, Thiruvaiyaru Panchayat Union Office, Thiruvaiyaru Post, Thanjavur District.

3. The President, Rayampettai Village Panchayat, Thirupalanam Post, Thiruvaiyaru Taluk, Thanjavur District.

4. Naveen sekar ...Respondents/Respondents. Prayer:- Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the respondents to remove the hand pump put up in the petitioner's patta land comprised in S.F.No.47/5 of Royampettai Village, Thiruvaiyaru Taluk, Thanjavur District .

For Petitioner : Mr.p.Ganapathi Subramanian For Respondents :Mr.S.Kumar R1&R2 Additional Government Pleader For Respondents : Mr.S.Anwarsameen R3&R4

ORDER

This Writ Petition is filed to direct the respondents to remove the hand pump put up in the petitioner's patta land comprised in S.F.No.47/5 of Royampettai Village, Thiruvaiyaru Taluk, Thanjavur District .

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2. The grievance of the petitioner is that he is a Soldier in Border Security Force. Taking advantage of his nature of employment outside of the State of Tamil Nadu, the fourth respondent had instigated the third respondent to put up hand Pump through his patta land. The petitioner had made a representation dated 20.09.2012 to the Chief Minsiter's Cell and copy of the same sent to the first and second respondent, complaining in action on the part of the respondents 1 and 2. Thereafter, the petitioner has come forward with this present writ petition for the above said prayer.

3. According to the petitioner hand pump has been put up in his patta land. The second respondent viz., the Block Development Officer, Thiruvaiyaru Panchayat Union office is directed to conduct the enquiry, regarding the claim of the petitioner that the hand pump has been put up in his patta land. If the claim of the petitioner is found to be true, the second respondent viz., the Block Development Officer, Thiruvaiyaru Panchayat Union office, is directed to take suitable steps to remove the same. Such enquiry shall be completed within a period of six weeks from the date of receipt of a copy of this order.

4. With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The District Collector, Thanjavur.

2.The Block Development Officer, Thiruvaiyaru Panchayat Union Office, Thiruvaiyaru Post, Thanjavur District.

3.The President, Rayampettai Village Panchayat, Thirupalanam Post, Thiruvaiyaru Taluk, Thanjavur District.

+1cc to SPECIAL GOVERNMENT PLEADER in SR. No.14421 +1cc to M/s. G.R.SWAMINATHAN Advocate in SR. No.14477 TRP JS/MR/2P-6C/3/04/2017 W.P(MD) No. 2639 of 2013 13.03.2017 https://hcservices.ecourts.gov.in/hcservices/