Writ petition directed removal of unauthorized construction by fifth respondent. Court held explanation of using toilet as parking unacceptable and directed action for removal within 15 days.
Notice to remove encroachment given within 15 days; failing which authorities to remove and recover costs.
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W.P.[MD]No.6545 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2021 CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.P.[MD]No.6545 of 2021
P.Kennady
... Petitioner
Vs.
1.The District Collector,
Tenkasi District, Tenkasi.
2.The Block Development Officer, (Village Panchayats), Sankarankovil Panchayat Union, Tenkasi District.
3.The Thasildar, Sankarankovil Taluk, Tenkasi District.
4.The President/Executive Officer, Kuvalaikanni Village Panchayat, Sankarankovil Panchayat Union, Tenkasi District.
5.Vellaichamy ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the third respondent herein to take necessary steps to remove the encroachment in Survey No.187/84, Kuvalai Kanni Village Panchayat, Sankarankovil Panchayat Union, Tirunelveli District within the stipulated period.
For Petitioner : Mr.M.Jothi Basu For R1 to R4 : Mr.A.K.Manickam Standing Counsel for Government For R5 : No appearance
ORDER
[Order of the Court was made by T.S.SIVAGNANAM, J.]
We have heard Mr.M.Jothi Basu, learned counsel appearing for the petitioner and Mr.A.K.Manickam, learned Standing Counsel for Government appearing for the respondents 1 to 4.
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W.P.[MD]No.6545 of 2021
2.The writ petition has been filed for issuance of Writ of Mandamus, directing the third respondent herein to take necessary steps to remove the encroachment in Survey No.187/84, Kuvalai Kanni Village Panchayat, Sankarankovil Panchayat Union, Tirunelveli District, within the stipulated period.
3.The allegation is that the fifth respondent has put up an un-authorised construction and formed a toilet.
4.The learned Standing counsel for Government appearing for the respondents 1 to 4 on instruction from the second respondent submitted that the toilet has been removed and it is used as parking place.
5.However, this explanation is not acceptable. If there is an un-authorized construction and if there is an encroachment into common property or Government land that has to be removed forthwith. Therefore, action be initiated for removing the encroachment by giving notice to the fifth respondent to remove the encroachment by himself within fifteen days, failing which, the Authorities namely the respondents 2 and 3 shall take action for removal of encroachment and recover the cost from the fifth respondent. This order be complied with within 15 days from the date of receipt of a copy of this order.
6.With the above observations, this Writ petition is disposed of. No costs.
Assistant Registrar(Records)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
msa/cp
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.
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W.P.[MD]No.6545 of 2021
To
2.The Block Development Officer, (Village Panchayats), Sankarankovil Panchayat Union, Tenkasi District.
ORDER MADE IN W.P.[MD]No.6545 of 2021 09.06.2021
KMK(CO) TR(17.06.2021) 3P 7C
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1 issue framed by the court
Whether the third respondent is directed to remove encroachment in specified land within stipulated period.
P.Kennady
The District Collector, Tenkasi District
The Block Development Officer, Sankarankovil Panchayat Union
The Thasildar, Sankarankovil Taluk
The President/Executive Officer, Kuvalaikanni Village Panchayat
Vellaichamy
T.S.Sivagnanam
S.Ananthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
