Josiva Vijay Anand v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.08.2019 CORAM :

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.NO.9794 OF 2019 Joswa Vijay Anand .. Petitioner -vs1. The Collector, Thiruvallore District.

2. The Village Administrative Officer, Govindamedu Village, Kilacheri Panchayat.

3. Sakunthala

4. The Tahsildar, Thiruvallur Taluk, Thiruvallur District.

.. Respondents (Respondent No.4 impleaded as per order dated 04.07.2019 made in WMP.No.17156 of 2019) Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to remove the encroachment from the land belonging to the Government, in Survey No.2-A/3 Miachel puramboke land in Govindamedu Village, Keelacheri Panchayat, Thiruvallore Taluk and District as per the Revenue records.

For Petitioner : Mr.G.Appavu For Respondents : Mr.S.N.Parthasarathi Government Advocate for respondent Nos.1,2 and 4 Mr.M.P.Saravanan for respondent No.3

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) Heard Mr.G.Appavu, learned counsel for the petitioner; Mr.S.N.Parthasarathi, learned Government Advocate for respondent Nos.1, 2 and 4 and Mr.M.P.Saravanan, learned counsel for respondent No.3.

2. The case of the petitioner is that there is an encroachment by respondent No.3 on the Government land in Survey No.2-A/3 (grazing poramboke) in Govindamedu Village, Keelacheri Panchayat, Thiruvallur Taluk and District. Hence, the petitioner prayed that the said encroachment be removed.

3. The learned Government Advocate has tendered status report filed by the fourth respondent i.e., the Tahsildar, Tiruvallur Taluk, wherein it is stated that in relation to the encroachment by respondent No.3 and other encroachers on the said piece of land, they have issued notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 on 22.06.2019 and thereafter, they have issued notice under Section 6 of the said Act to respondent No.3 and the other encroachers on the said piece of land.

4. Thus, it is seen that the authorities have taken action in relation to the said encroachment. Hence, no further directions are necessary. The writ petition is, accordingly, disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bbr To:

1. The Collector, Thiruvallore District.

2. The Village Administrative Officer, Govindamedu Village, Kilacheri Panchayat.

3. The Tahsildar, Thiruvallur Taluk, Thiruvallur District.

+1cc to Mr.G.Appavu, Advocate, S.R.No.74252 +1cc to the Government Pleader, S.R.No.75530 W.P.No.9794 of 2019 SJ(CO) CS/25/09/2019