K.S.Muthuramalingam v. The Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.04.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.1628 of 2022 K.S.Muthuramalingam ... Petitioner Vs.
1. The Collector, Erode District, Erode.
2. The Revenue Divisional Officer, Erode, Erode District.
3. The Assistant Director, Directorate of Town Panchayats, Erode, Erode District.
4. The Assistant Director, Survey and Land Records Department, Collectorate, Erode, Erode District.
5. The Revenue Tahsildar, Erode, Erode District.
6. The Executive Officer, Kodumudi Town Panchayat, Kodumudi, Erode District.
7. The Superintendent of Police, Erode District, Erode.
8. The Deputy Superintendent of Police, Perundurai, Erode District.
9. The Inspector of Police, Kodumudi Police Station, Kodumudi, Erode District.
10.T.Subramanian ... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the fifth respondent to implement the order passed by the second respondent in Na.Ka.No.741/2014/A1 dated 24.07.2014 by removing the Tar Road and fencing put - up by the respondents 3 to 6 by colluding with the tenth respondent in the petitioner's land in S.No.385/2 to the extent of 0.61.5 Hectare situated at Kodumudi Village, Erode District.
For Petitioner :
Mr.V.Elangovan For Respondents :
Mr.R.Vigneswaran Government Advocate for R1 to R9
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the fifth respondent to implement the order passed by the second respondent in Na.Ka.No.741/2014/A1 dated 24.07.2014 by removing the Tar Road and fencing put - up by the respondents 3 to 6 by colluding with the tenth respondent in the petitioner's land in S.No.385/2 to the extent of 0.61.5 Hectare situated at Kodumudi Village, Erode District.
2.The learned counsel appearing for the petitioner submitted that some of the persons encroached road portion, thereby, the second respondent vide order dated 24.07.2014 issued direction to the jurisdictional Tahsildar to remove the encroachment and to make entries in the revenue records, however, till date the said order was not implemented. Hence, this Court may issue direction to the fifth respondent to implement the order of the second respondent dated 24.07.2014, within a reasonable time frame.
3.Considering the limited relief sought for by the petitioner, this Court directs the fifth respondent to implement the order of the second respondent dated 24.07.2014, within a period of twelve weeks from the date of receipt of a copy of this order if there is no legal impediment.
4.The writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar pri To
1. The Collector, Erode District, Erode.
2. The Revenue Divisional Officer, Erode, Erode District.
3. The Assistant Director, Directorate of Town Panchayats, Erode, Erode District.
4. The Assistant Director, Survey and Land Records Department, Collectorate, Erode, Erode District.
5. The Revenue Tahsildar, Erode, Erode District.
6. The Executive Officer, Kodumudi Town Panchayat, Kodumudi, Erode District.
7. The Superintendent of Police, Erode District, Erode.
8. The Deputy Superintendent of Police, Perundurai, Erode District.
9. The Inspector of Police, Kodumudi Police Station, Kodumudi, Erode District. +1cc to Mr.S.Ravikumar, Advocate SR. No. 26302 +1cc to Mr.S.Doraisamy, Advocate SR. No.26581 +1cc to Government Pleader SR. No.26952 W.P.No.1628 of 2022 RK (CO) PR (02/05/2022)