Madras High Court
Ganesan vs The District Collector on 28 October, 2022
W.P.(MD) No.24599 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
and
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P.(MD) No.24599 of 2022
Ganesan ... Petitioner
Vs.
1.The District Collector,
Virudhunagar District,
Virudhunagar.
2.The Tahsildar,
Thiruchuli Taluk,
Thiruchuli, Virudhunagar District.
3.The Village Administrative Officer,
Veeracholan, Thiruchuli Taluk,
Virudhunagar District.
4.The Panchayat President,
Veeracholan Panchayat,
Veeracholan, Thiruchuli Taluk,
Virudhunagar District.
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W.P.(MD) No.24599 of 2022
5.Tamilarasi ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a
Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment
made by the 5th respondent in S.No.368/10 classified as street at Veeracholan
Village, Thiruchuli Taluk, Virudhunagar District within a time frame stipulated
by this Honble Court.
For Petitioner : Mr.T.Balaji
For Respondents : Mr.V.Nirmal Kumar,
Government Advocate for R1 to R4
ORDER
[Order of the Court was made by R.MAHADEVAN, J.]
Mr.V.Nirmal Kumar, learned Government Advocate takes notice for
respondents 1 to 4. In view of the nature of the order proposed to be passed,
notice to the fifth respondent is dispensed with.
2. This Writ Petition has been filed for issuance of a Writ of Mandamus,
directing the respondents 1 to 3 to remove the encroachment made by the 5th
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W.P.(MD) No.24599 of 2022
respondent in S.No.368/10, situated at Veeracholan Village, Thiruchuli Taluk,
Virudhunagar District, within a time frame.
3. It is the case of the petitioner that he is a resident of Veeracholan
Village and the aforesaid survey number has been classified as a public street in
the revenue records and the fifth respondent has encroached a portion of the
public street. When the same was objected to by the villagers, she filed a suit in
O.S.No.310 of 2005, on the file of the District Munsif Court, Aruppukottai for a
declaration and permanent injunction in respect of the aforesaid survey number
against the petitioner and others, which was dismissed by the trial Court by
judgment and decree dated 17.09.2018. As against the same, the appeal filed by
the fifth respondent in A.S.No.5 of 2019 was also dismissed. Even thereafter,
she had not removed the aforesaid encroachment. In this regard, the petitioner
made a representation on 05.08.2022, to the official respondents seeking
removal of the aforesaid encroachment, but, till date, no action has been taken by
the respondents to remove the encroachment. Hence, the petitioner has filed this
Writ Petition.
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W.P.(MD) No.24599 of 2022
4. The learned Government Advocate appearing for the respondents 1 to 4
submitted that the representation of the petitioner dated 05.08.2022 would be
considered by the official respondents and appropriate action will be taken to
remove the encroachment, if any, in the place in question, for which, the learned
counsel for the petitioner is agreeable.
5. Recording the above submission, this Writ Petition is disposed of with a
direction to the official respondents to consider and dispose of the representation
of the petitioner dated 05.08.2022, on merits and in accordance with law. If
there is any encroachment in the place in question, the authorities concerned
shall remove the same, after affording sufficient opportunity to all the parties
concerned and by following due process of law. Such an exercise shall be
completed within a period of eight (8) weeks from the date of receipt of a copy
of this order. No costs.
[R.M.D., J.] [J.S.N.P., J.]
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W.P.(MD) No.24599 of 2022
vsm 28.10.2022
To
1.The District Collector,
Virudhunagar District,
Virudhunagar.
2.The Tahsildar,
Thiruchuli Taluk,
Thiruchuli,
Virudhunagar District.
3.The Village Administrative Officer,
Veeracholan,
Thiruchuli Taluk,
Virudhunagar District.
4.The Panchayat President,
Veeracholan Panchayat,
Veeracholan,
Thiruchuli Taluk,
Virudhunagar District.
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https://www.mhc.tn.gov.in/judis
W.P.(MD) No.24599 of 2022
R.MAHADEVAN, J.
and
J.SATHYA NARAYANA PRASAD, J.
vsm
W.P.(MD) No.24599 of 2022
28.10.2022
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