S.Dhayalan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2023 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Dhayalan .. Petitioner Vs 1.The District Collector, District Collector Office, Villupuram District.
2.The Revenue Divisional Officer, Revenue Divisional Office, Tindivanam, Villupuram District.
3.The Thasildar, Melmalaiyanoor Taluk, Villupuram District.
4.The Village Administrative Officer, Sirudalaipoondi Village, Memmalaiyanur Taluk, Villupuram District.
5.Kuppan 6.Sekar 7.Suresh
8.Elumalai 9.Sankar 10.Ponrangan Pillai 11.Rajadurai 12.Chinnadurai 13.Baskaran .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 3 to remove the encroachment made in the "Government Poramboke Lands and Water Catchment" in the following Survey Numbers viz., S.Nos.133, 171, 192, 146, 43, 47/1, 52, 109 and 117 in Sirudalaipoondi Village, Melmalaiyanur Taluk, Villupuram District and to bring the land to its original form by considering the petitioner's representation dated 05.09.2022.
For the Petitioner : Mr.M.Guruprasad For the Respondents : Mr.P.Muthukumar State Government Pleader for respondent Nos.1 to 4
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice) Dhayalan, son of Sivasankaran, a resident of Melmalaiyanur Taluk, Villupuram District, has filed this writ petition seeking issuance of a writ of mandamus directing respondents 1 to 3 to remove the encroachment made in the "Government Poramboke Lands and Water Catchment" in the following Survey Numbers viz., S.Nos.133, 171, 192, 146, 43, 47/1, 52, 109 and 117 in Sirudalaipoondi
Village, Melmalaiyanur Taluk, Villupuram District, and to bring the land to its original form by considering the petitioner's representation dated 05.09.2022.
2. In support of the prayer made in the writ petition, Mr.M.Guruprasad, learned counsel for the petitioner, drew our attention to copies of 'A' Register in respect of the aforesaid survey numbers and submitted that the said lands are classified as Kulam, Periya Lake, Chinnakulam, Siththeri, etc. and, therefore, the encroachments put up by respondents 5 to 13 have to be removed. 3.
Mr.P.Muthukumar, learned State Government Pleader appearing on behalf of respondents 1 to 4, submitted that, if six weeks' time is granted, the respondent authorities will conduct a survey of the land in question and thereafter remove the encroachment, if any, after giving notice to the encroachers.
4. Recording the submission made by learned State Government Pleader, the writ petition is disposed of with a direction
to respondent 1 to 3 to conduct a survey of the land in question with the assistance of the jurisdictional Surveyor and, if any encroachment is found, the same shall be removed after issuing notice to the encroachers. The entire exercise is to 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.) 08.02.2023 Index :
No No sasi
To:
1.The District Collector, District Collector Office, Villupuram District.
2.The Revenue Divisional Officer, Revenue Divisional Office, Tindivanam, Villupuram District.
3.The Thasildar, Melmalaiyanoor Taluk, Villupuram District.
4.The Village Administrative Officer, Sirudalaipoondi Village, Memmalaiyanur Taluk, Villupuram District.
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sasi) 08.02.2023