S.Rajamani v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Rajamani ..

Petitioner Vs.

The Tahsildar Sendamangalam Taluk Namakkal District.

..

Respondent Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorarified Mandamus to call for the entire records pertaining to the proceedings of the respondent dated 24.01.2024 vide Roc.No.5650/2023/A1 and quash the same and consequently, directing the respondent to grant an extension of time to the petitioner to remove the encroachment made into the land comprised in S.No.382/2, Belukurichi Village, Sendamangalam Taluk, Namakkal District, till April 2025, by considering his representation dated 17.12.2023.

For the Petitioner : Mr.Sathish Parasaran Senior Counsel For Mr.S.Senthil For the Respondent : Mr.A.Edwin Prabakar State Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.Sathish Prasaran, learned Senior Counsel for Mr.S.Senthil, learned counsel for the petitioner and Mr.A.Edwin Prabakar, learned State Government Pleader for the respondent.

2. The present petition is filed challenging the order dated 24.01.2024 directing the petitioner to remove encroachment made in S.Nos.382/2 and 247/3 at Belukurichi village.

3. The petitioner has sought time till April 2025 to vacate the alleged encroachment from S.No.382/2. We had heard learned Senior Counsel for the petitioner and learned State Government Pleader for the respondent on the last date. We had expressed that April 2025 would be too long a period to vacate the encroached area and we asked the petitioner to file an affidavit in the Court giving time line to vacate the encroached area.

4. Today, the affidavit is filed. It is stated that as far as

S.No.247/3 to an extent of 39 cents is concerned, the tapioca plants cultivated therein are removed and the encroached area would be handed over. The Government can immediately take possession of the same. As far as S.No.382/2 is concerned, the petitioner has assured to demolish the encroached portion after shifting the birds to the new shed and for that, six months time is sought.

5. As far as encroachment on S.No.382/2 is concerned, the vacant land shall be handed over to the respondent by the end of August 2024.

6. The writ petition is disposed of. There shall be no order as to costs. Consequently, W.M.P.No.3474 of 2024 is closed. (S.V.G., CJ.) (D.B.C., J.) 22.02.2024 Index :

Yes/No :

Yes/No kpl

To The Tahsildar Sendamangalam Taluk Namakkal District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 22.02.2024