Madras High Court
P.Sakthhivel vs The District Collector on 4 November, 2022
Author: T.Raja
Bench: T.Raja, R.Mahadevan
W.P.(MD) No.25102 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.11.2022
CORAM:
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
and
THE HON'BLE MR.JUSTICE R.MAHADEVAN
W.P.(MD) No.25102 of 2022
P.Sakthhivel ... Petitioner
-vs-
1.The District Collector
Office of the Collectorate
Trichy
2.The Assistant Director of Panchayat
Office of the Assistant Director of Panchayat
Trichy
3.The Revenue Divisional Officer
Office of the Revenue Divisional Officer
Trichy
4.The Tahsildar
Manapparai Post and Taluk
Trichy District
5.The Block Development Officer
Office of the Block Development Officer
Mugavanur Panchayat
Vaiyampatti Panchayat Union
Manapparai Taluk, Trichy
____________
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W.P.(MD) No.25102 of 2022
6.The President
Mugavanur Village Panchayat
Manapparai Taluk
Pudukkottai District
7.Rengasamy Goundar ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of mandamus, directing the respondents 1 to 6 to take appropriate
action to remove the encroachment made by the seventh respondent in the
mud road in S.F.Nos.403, 401/2, 399/4, 397/2, 379/3, 378/1, 368/1, 377/7
and 370/16 of Mugavanur Village, Manapparai Taluk, Trichy District.
For Petitioner : Mr.S.Ramsundarvijayraj
For Respondents : Mr.P.Thilakkumar
Government Pleader for R1 to R5
ORDER
[Order of the Court was made by The Hon'ble ACTING CHIEF JUSTICE] Mr.P.Thilakkumar, learned Government Pleader, takes notice for the respondents 1 to 5.
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2. Since the writ petition is disposed of at the admission stage itself and in view of the nature of the order proposed to be passed, notice to the respondents 6 & 7 is dispensed with.
3. With the consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
4. One Sakthhivel has filed this writ petition seeking issuance of a writ of mandamus directing the respondents 1 to 6 to take appropriate action to remove the encroachment made by the seventh respondent in the mud road in S.F.Nos.403, 401/2, 399/4, 397/2, 379/3, 378/1, 368/1, 377/7 and 370/16 of Mugavanur Village, Manapparai Taluk, Trichy District.
5. When the matter was taken up for hearing, learned Government Pleader appearing for the respondents 1 to 5 has produced a copy of the notices issued to the petitioner under Section 7 followed by Section 6 of the Tamil Nadu Land Encroachment Act, 1905 and submitted that action has already been taken for removal of the encroachment made by the seventh respondent in the public road.
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6. In view of the above submission, the respondents 1 to 5 are directed to bring the action already taken to a final conclusion and remove the encroachment made by the seventh respondent in the public road, by following due process of law, within a period of four (4) weeks from the date of receipt of a copy of this order.
7. With the above direction, this writ petition stands disposed of. No costs.
[T.R., A.C.J.] [R.M.D., J.] 04.11.2022 Index : Yes / No Internet : Yes / No krk / myr To:
1.The District Collector, Office of the Collectorate, Trichy.
2.The Assistant Director of Panchayat, Office of the Assistant Director of Panchayat, Trichy.
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3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Trichy.
4.The Tahsildar, Manapparai Post and Taluk, Trichy District.
5.The Block Development Officer, Office of the Block Development Officer, Mugavanur Panchayat, Vaiyampatti Panchayat Union, Manapparai Taluk, Trichy.
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