P.Sivaraj v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.02.2023
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.Sivaraj ...
Petitioner versus 1.The District Collector, Krishnagiri District.
2.The Sub Collector, Hosur, Krishnagiri District 3.The Tahsildar, 4.The Block Development Officer, Thali, Panchayat Union, Krishnagiri District.
5.The Revenue Inspector, Urigam Village, Denkanikottai, Krishnagiri District.
6.The Village Administrative Officer, Thakkatti Village, 7.The Inspector of Police, Anchetty Police Station, Krishnagiri District 8.Sivamathappa ...
Respondents
Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents 1 to 6 to Act upon their proceedings on various dates since 14.07.2022 based on petitioner's representation dated 19.12.2021 and 23.12.2021 to the respondents 1 to 3, and consequently directing respondents 1 to 6 to take stringent action against the 8th respondent and remove the encroachment ade in S.No.528, 529, 531 and 532, Thakkati Village, Anchetty Taluk, Krishnagiri District within a stipulated time. For the Petitioner :
Mr.R.Balaguru Swamy For the Respondents :
Mr.J.Ravindran, Additional Advocate-General, assisted by Mr.A.Selvendran, Special Government Pleader, for respondents 1 to 3 Mr.P.Muthukumar, State Government Pleader, for the fourth respondent
ORDER
(Made by the Hon'ble Acting Chief Justice) Seeking a direction upon the official respondents to remove the encroachment made by the eighth respondent, the petitioner has filed this writ petition.
2. It is the case of the petitioner that the there is a common pathway belonging to the Government in Thakkatti Village, S.Nos.528, 529, 531 and 532, classified as Government Poromboke lands, and the said pathway is used by the villagers. It is the case of the petitioner that the eighth respondent has encroached the above said survey lands by iron fencing and he has also constructed building with stones. In this regard, the petitioner has sent a representation to the first
respondent dated 18.12.2021. However, no action has been taken so far and hence, this writ petition has been filed by the petitioner.
3. Mr.P.Muthukumar, learned State Government Pleader submits that the representation of the petitioner would be considered and action would be taken by the first respondent in six weeks' time.
4. Recording the said submission of the learned State Government Pleader, the writ petition is disposed of directing the first respondent to conduct a survey, and if any encroachment is found, issue notice to the encroachers and remove the same. The entire exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. There will be no order as to costs.
(T.R., ACJ.) (D.B.C., J.) 07.02.2023 Index : Yes/No : Yes/No tar To 1.The District Collector, Krishnagiri District. 2.The Sub Collector, Hosur, Krishnagiri District 3.The Tahsildar, 4.The Block Development Officer,
Thali, Panchayat Union, Krishnagiri District. 5.The Revenue Inspector, Urigam Village, Denkanikottai, Krishnagiri District.
T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY, J.
(tar) 6.The Village Administrative Officer, Thakkatti Village, 7.The Inspector of Police, Anchetty Police Station, Krishnagiri District 07.02.2023