Thiruganam, v. The District Collector,

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :: 21-12-2023

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR W.P.No.10723 of 2019 Thiruganam ...

Petitioner -vs1.The District Collector, Office of the District Collector, Cuddalore District, Cuddalore, Tamil Nadu.

2.V.Balu 3.Vijayalakshmi ...

Respondents Petition under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus directing the first respondent to consider the petitioner's representation, dated 24.12.2018, to remove the encroachment made in the land survey No.399/2, situated at Paradurchavadi Village, Chidambaram Taluk, Cuddalore District. For Petitioner : Mr.P.R.Thiruneelakandan For Respondent 1 : Mr.A.Selvendran, Spl.Govt.Pleader.

For Respondents 2 & 3 : No appearance

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ORDER

(By S.Vaidyanathan,J.) Mr.P.R.Thiruneelakandan, learned counsel for the petitioner, would submit that erroneous patta was cancelled by the authority concerned, which was challenged by respondents 2 and 3 before the District Revenue Officer and thereafter before the Commissioner of Land Administration and that respondents 2 and 3, namely, encroachers, failed before the said authorities, which was ultimately affirmed by this Court. He would further submit that the encroachments have not been removed and, therefore, the petitioner made a representation to first respondent for removal of encroachments in Survey No.399/2 in Paradurchavadi Village pursuant to various orders passed by the authorities.

2. Today, a communication, dated 15.12.2023, from Revenue Tahsildar to District Collector, which is scanned below, is produced before the Court, to the effect that respondents 2 and 3, who are impleaded, are the encroachers. Though a counsel has entered appearance on their behalf, none appeared before the Court. The communication reads as under :

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3. From the above communication, it appears that the lands in Survey No.399/2 and other places are encroached and that the old survey numbers have been changed to new survey numbers.

4. Therefore, we are of the firm view that the encroachments have got to be removed within a period of two months from the date of receipt of this order. Also, all the encroachments on streets and public places have to be removed and there shall not be any disturbance with regard the lands of Gramanatham. Similarly, the encroachments, as per the orders of the authorities, which have been affirmed by this Court, are to be removed.

5. Writ Petition is disposed of accordingly. No costs. Index : Yes/No (S.V.N.,J.) (K.R.S.,J.) Internet : Yes/No 21-12-2023 dixit To The District Collector, Office of the District Collector, Cuddalore District, Cuddalore, Tamil Nadu.

5/5 S.VAIDYANATHAN,J.

AND K.RAJASEKAR,J.

dixit W.P.No.10723 of 2019 21-12-2023