Petitioner sought writ to remove alleged encroachment by respondents 4 to 9 on public land. Court appointed second respondent to survey land and remove encroachment if found within eight weeks, dismissing the petition otherwise.
Second respondent directed to survey land; initiate action to remove encroachment if found within eight weeks.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2018 CORAM: THE HONOURABLE MR.JUSTICE R.SUBBIAH
AND THE HONOURABLE MRS. JUSTICE R.THARANI W.P.(MD)No.2586 of 2018
R.Pandiarajan : Petitioner
Vs.
PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the respondents 1 to 3 to take appropriate action and to remove the encroachment made by the respondents 4 to 9 herein in Palangudi East Street, in Ward No.9, Watrap Town, Watrap Revenue Village, Srivilliputhur Taluk, Virudhunagar District on the basis of petitoner's representation dated 12.01.2018 and 23.01.2018 within the time stipulated by this Court.
For Petitioner : Mr.P.M.Vishnuvarthanan For Respondents : Mr.M.Jeyakumar for R1 and R2 Additional Government Pleader Mr.P.Ganapathi Subramaniam for R4 to R7 No appearance for R3
ORDER
[Order of the Court was made by R.SUBBIAH, J]
This Writ Petition has been filed to direct the respondents 1 to 3 to take appropriate action and remove the encroachment made by
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the respondents 4 to 9 in in Ward No.9, Watrap Town, Watrap Revenue Village, Srivilliputhur Taluk, Virudhunagar District on the basis of petitoner's representations dated 12.01.2018 and 23.01.2018.
“The second respondent is directed to conduct survey of the land in Ward No.9, with the relevant records and also title documents and on inspection, if the second respondent finds that there is any encroachment, he is directed to initiate action in accordance with law to remove the same. The entire exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.” No costs. The Writ Petition is disposed of with the above direction.
Sd/Assistant Registrar(crl side)
/True Copy/
Sub Assistant Registrar(CS-I)
To
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Watrap, Virudhunagar District.
+1cc to Spl.Government Pleader Sr.No.94742
RR
VB/BK/SAR1/10.12.2018/3P/5C
Order made in W.P.(MD)No.2586 of 2018 Dated: 09.11.2018
3 issues framed by the court
Whether therespondents are directed to survey the land and remove encroachment if any found.
Whether to take action on representations regarding encroachment made by private parties.
Whether the Court can direct authorities to complete survey and removal within eight weeks.
R.Pandiarajan
The District Collector, Virudhunagar District
The Tahsildar, Watrap Taluk
The Executive Officer, Special Grade Town Panchayat
Pandi
Ganesan
R.SUBBIAH
R.THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
