Ramasamy vs The District Collector on 8 July, 2021

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Madras High Court

Ramasamy vs The District Collector on 8 July, 2021

Author: T.S.Sivagnanam

Bench: T.S.Sivagnanam, S.Ananthi

                                                                 W.P.(MD).No.11291 of 2021

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 08.07.2021

                                                        CORAM:
                                   The Hon'ble Mr.JUSTICE T.S.SIVAGNANAM
                                                         AND
                                     The Hon'ble Mrs.JUSTICE S.ANANTHI

                                            W.P.(MD)No.11291 of 2021



                     Ramasamy                                                ...Petitioner
                                                          Vs.
                     1.The District Collector,
                           Thenkasi Collector Office,
                           Thenkasi District.


                     2.The Revenue Divisional Officer,
                           R.D.O. Office,
                        Sankarankovil
                        Thenkasi District.


                     3.The Tahsildar,
                        Tahsildar Office,
                        Sankarankovil Taluk,
                        Thenkasi District.




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                                                                 W.P.(MD).No.11291 of 2021



                     4.The Block Development Officer,
                        Block Development Officer,
                        Sankarankovil,
                        Thenkasi District.


                     5.Vijayaragupatti.                                 ... Respondents



                     PRAYER: Writ Petition filed under Article 226 of the Constitution

                     of India, praying for the issue of a writ of Mandamus, directing the

                     respondent Nos.1 to 4 to conduct proper Survey and remove the

                     encroachment made by the respondent No.5 at Public Santhu used

                     village people as a public pathway in Government Natham land in

                     Survey No.692/4, in Panthapuli Village, Sankarankovil Taluk,

                     Thenkasi District, based on the petitioner's representation on

                     17.06.2021      with    1st    respondent   official   proceedings    in

                     Na.Ka..A2(G)/409/2021 (Si.Pa.Sa.45) dated 25.06.2021, within a

                     stipulated time that may be fixed by this Court.



                                   For Petitioner       : Mr.R.Senthil Kumar
                                   For Respondent       : Mr.A.K.Manikkam,
                                                          Standing Counsel for R1 to R4.



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                                                                       W.P.(MD).No.11291 of 2021




                                                          ORDER

[Order of the Court was made by T.S.SIVAGNANAM.,J.] With the consent on either side, the Writ Petition is taken up for final disposal.

2.Heard Mr.R.Senthil Kumar, learned Counsel appearing for the petitioner and Mr.A.K.Manickam, learned Standing Counsel for Government appearing for the respondents 1 to 4.

3.The petitioner seeks for a direction upon the respondents 1 to 4, to conduct proper Survey and remove the encroachment made by the fifth respondent at public pathway in Government Natham land in Survey No.692/4, in Panthapuli Village, Sankarankovil Taluk, Thenkasi District, based on his representation on 17.06.2021.

4.The representation given by the petitioner has been taken note of by the authorities and the office of the District Collector, Thoothukudi District, by memo dated 25.06.2021 has forwarded 3/6 https://www.mhc.tn.gov.in/judis/ W.P.(MD).No.11291 of 2021 the complaint to the Tahsildar, the third respondent herein for appropriate action. Immediately, thereafter, the petitioner has approached this Court and filed this Writ Petition.

5.Since there is a pandemic situation, the authorities have also been directed not to take any coercive eviction actions against the public. In any event, the representation has been forwarded to the Tahsildar. We direct the Thasildar, to look into the representation, issue notice to the fifth respondent and if any survey is required to be conducted, the same should be directed to be conducted and after affording opportunity to the fifth respondent, action be taken as expeditiously as possible.

6.Accordingly, the Writ Petition stands disposed of. However, there shall be no order as to costs.

                                                                  [T.S.S., J.]    &     [S.A.I., J.]
                                                                          08.07.2021
                     Index           : Yes/No
                     Internet        : Yes/No
                     MR


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https://www.mhc.tn.gov.in/judis/ W.P.(MD).No.11291 of 2021 Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

1.The District Collector, Thenkasi Collector Office, Thenkasi District.

2.The Revenue Divisional Officer, R.D.O.Office, Sankarankovil Thenkasi District.

3.The Tahsildar, Tahsildar Office, Sankarankovil Taluk, Thenkasi District.

4.The Block Development Officer, Block Development Officer, Sankarankovil, Thenkasi District.

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https://www.mhc.tn.gov.in/judis/ W.P.(MD).No.11291 of 2021 T.S.SIVAGNANAM, J.

and S.ANANTHI, J.

MR Order made in W.P.(MD).No.11291 of 2021 Dated:

08.07.2021 6/6 https://www.mhc.tn.gov.in/judis/

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