V.Thavamani v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.02.2023 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY V.Thavamani .. Petitioner Vs 1 The District Collector Dharmapuri District, Dharmapuri.
2 The Revenue Divisional Officer Dharmapuri, Dharmapuri District.
3 The Tahsildar Nallampalli, Dharmapuri District.
4 Devan 5 Sevathan 6 Thangavel 7 Sakkarai 8 Iyyappan 9 Madhappan 10 Chinnasamy, S/o.Thandaven 11 Suresh 12 Meganathan 13 Krishnan, S/o.Narayanan 14 Durai 15 Pandurangan, S/o.Muniyagoundar
16 Krishnan, S/o.Velu 17 Mani 18 Chinnasamy, S/o.Kaliyappan 19 Murugan 20 Lakshmi 21 Velu 22 Saravanan 23 Vijay 24 Pandurangan, S/o.Thangavel 25 Pachiyappan 26 Velusamy 27 Subramani 28 Venkatraman 29 Pooncholai .. 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 evict the encroachment as found in Survey Nos.157, 158, 160, 163 and 165/3 in Kumbalapadi Village, Nallampalli Taluk, Dharmapuri District and also to evict the encroachment as found in Survey Nos.164, 165, 166/2, 168/1 in Pangunathan Village, Nallampalli Taluk, Dharmapuri District, being a waterbody and remove the encroachments made by respondents 4 to 29. For the Petitioner : Mr.J.Pradeep For the Respondents : Mr.P.Muthukumar State Government Pleader for respondents 1 to 3
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice) V.Thavamani, son of Vaiyapuri, a resident of No.4/33, Kullampadi Village, Nallampalli Taluk, Dharmapuri District, has filed this writ petition seeking issuance of a writ of mandamus directing respondents 1 to 3 to remove the encroachments as found in Survey Nos.157, 158, 160, 163 and 165/3 in Kumbalapadi Village, Nallampalli Taluk and Survey Nos.164, 165, 166/2 and 168/1 in Pangunatham Village, Nallampalli Taluk.
2. In support of the prayer made in the writ petition, Mr.J.Pradeep, 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 "Saman Eri", "Odai", "Vandipathai" and "Kodi Vaikkal" respectively and, therefore, the encroachments put up by respondents 4 to 29 have to be removed.
3.
Mr.P.Muthukumar, learned State Government Pleader appearing on behalf of respondents 1 to 3, submitted 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 State Government Pleader, the writ petition is disposed of with a direction to respondents 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.) 28.02.2023 Index :
Yes/No Yes/No bbr
To:
1 The District Collector Dharmapuri District, Dharmapuri.
2 The Revenue Divisional Officer Dharmapuri, Dharmapuri District.
3 The Tahsildar Nallampalli, Dharmapuri District.
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
bbr 28.02.2023