P.Kolandaivel v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.02.2023 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.Kolandaivel .. Petitioner Vs 1 The District Collector Dharmapuri District Dharmapuri.
2 The Tahsildar Dharmapuri Taluk Dharmapuri.
3 Murugan 4 Selvakumar 5 Gandhi 6 Periyasami .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 and 2 herein to forthwith remove the encroachments on Government Poramboke lands in S.Nos.525/1, 2 and 3 and S.Nos.526/1, 2 and 3 in Mookkanur Village, Dharmapuri Taluk and District, which are classified as Grazing land and Vari lands, respectively, in Village Revenue Records, by considering the representations dated 16.12.2021 and 07.01.2022 of the petitioner in accordance with law.
For the Petitioner : Ms.C.Sindhuja For the Respondents : Mr.A.Selvendran Special Government Pleader for respondents 1 and 2
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice) P.Kolandaivel, son of Perumal, a resident of Thinnapatti Village, Mookanur, Dharmapuri District, has filed this writ petition seeking issuance of a writ of mandamus directing respondents 1 and 2 herein to forthwith remove the encroachments on Government Poramboke lands in S.Nos.525/1, 2 and 3 and S.Nos.526/1, 2 and 3 in Mookkanur Village, Dharmapuri Taluk and District, which are classified as Grazing land and Vari lands, respectively, in Village Revenue Records, by considering the representations dated 16.12.2021 and 07.01.2022 of the petitioner in accordance with law.
2. Ms.C.Sindhuja, learned counsel appearing for the petitioner, would submit that even though the lands in
S.Nos.525/1, 2 and 3 and S.Nos.526/1, 2 and 3 in Mookkanur Village, Dharmapuri Taluk, are classified as "Grazing Land" and "Vari Poramboke" in the revenue records, respondents 3 to 6 have put up encroachments on the said lands, causing inconvenience to the villagers. Seeking removal of the encroachments, the petitioner sent representations to the respondent authorities on 16.12.2021 and 7.1.2022. Since the said representations did not evoke any response, the petitioner has been advised to file this writ petition.
3. Mr.A.Selvendran, learned Special Government Pleader appearing on behalf of respondents 1 and 2, would submit that, if six weeks' time is granted, the respondent authorities will conduct a survey of the land in question and thereafter remove the encroachments, if any, after giving notice to the encroachers.
4. Recording the submission made by learned Special Government Pleader, the writ petition is disposed of with a direction to respondents 1 and 2 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.) 24.02.2023 Index :
No No sasi To:
1 The District Collector Dharmapuri District Dharmapuri.
2 The Tahsildar Dharmapuri Taluk Dharmapuri.
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sasi) 24.02.2023