KANDASAMY Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner, alleging encroachment and construction of marriage hall, on the part of the respondents 4 and 5, on an earlier occasion, filed W.P(MD)No.22675 of 2017, praying for issuance of writ of mandamus, directing the District Collector, Virudhunagar District, to consider and dispose of his representation, dated 21.11.2017, within a stipulated time frame, for removal of the encroachment in Government poromboke land, classified as "vacant site" in Survey Nos.17/2 and 17/3 as well as the land, classified as "pathway" in Survey Nos.17/6, 17/10 and 17/12, situated at Vetrilaimuriyanpatti, Chatrapulliyankulam Post, Kariyapatti Taluk, Virudhunagar District and the said writ petition was entertained and vide, interim order, dated 12.12.2017, this Court directed the officials respondents 1 and 2, to file a status report.

(2.) The petitioner came forward to file the present writ petition, challenging the notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 [Tamil Nadu Act 3 of 1905], on the ground that under the guise of survey and measurement, the petitioner alone has been targeted for the reason that he has filed W.P(MD)No.22675 of 2017 for removal of encroachment, on the part of the respondents 4 and 5.

(3.) The learned counsel appearing for the petitioner would submit that the second respondent with an oblique malafide has targeted the petitioner alone and issued the impugned notice and since due process of law was not followed, the petitioner is constrained to approach this Court, by filing this writ petition.