M.Periyasamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.04.2017

CORAM

The HON'BLE MS.INDIRA BANERJEE, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.SUNDAR W.P.No.8990 of 2017

1. M.Periyasamy

2. Raju

3. Arjunan

4. Senathipathy

5. Selvarasu ... Petitioners vs.

1. The District Collector, Collector Office, Thiruppur District.

2. The Revenue Divisional Officer, Dharapuram.

3. The Tahsildar, Taluk Office, Dharapuram.

4. The Village Administrative Officer, Gundadam Village, Dharapuram Taluk, Thiruppur District.

5. Muthusamy

6. Chinnkutty @ Dharmalingam ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing respondents 1 to 4 to remove encroachments made by the fifth and sixth respondents in land comprised in S.No.1431 (Old S.No.275) measuring about 0.35.54 Hectares situated in Gundadam Village, Rudravathy Town, Thiruppur District, and to submit a report within the time stipulated by this Court.

For Petitioners : Mr. S.Sugendran For Respondents : Mr. R.Vijayakumar, AGP., for R-1 to R-4.

ORDER

(Order of the Court was made by the M.Sundar, J.,) This writ petition has been filed, seeking issuance of a writ of mandamus, to direct the respondents 1 to 4 to remove encroachments which the petitioners would allege to have been made by the fifth and sixth respondents in the land comprised in S.No.1431 (Old S.No.275) measuring about 0.35.54 Hectares, situated in Gundadam Village, Rudravathy Town, Thiruppur District, and to submit a report within the time stipulated by this Court.

2. Heard Mr.S.Sugendran, learned counsel appearing for the petitioners and Mr.R.Vijayakumar, learned Additional Government Pleader, who accepts notice on behalf of respondents 1 to 4.

3. We direct the third respondent before us, namely, the jurisdictional Tahsildar, (The Tahsildar, Taluk Office, Dharapuram) (S.No.1431 (Old S.No.275) measuring about 0.35.54 Hectares situated in Gundadam Village, Rudravathy Town, Thiruppur District), to inspect the above said land, within fortnight, and if any unauthorized construction or encroachment is found therein, all the official respondents (respondents 1 to

4) before us shall take action, in accordance with law, after putting all concerned on notice, particularly, the private respondents, viz., respondents 5 and 6 before us (who are alleged to have encorached upon and put up unauthorized construction in the above said land) and conclude the proceedings within a period of two months.

4. The writ petition stands disposed of, with the above directions. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar

srk To

1. The District Collector, Collector Office, Thiruppur District.

2. The Revenue Divisional Officer, Dharapuram.

3. The Tahsildar, Taluk Office, Dharapuram.

4. The Village Administrative Officer, Gundadam Village, Dharapuram Taluk, Thiruppur District.

+1cc to Mr.S.Sugendran, Advocate Sr.22891 +1cc to the Government Pleader Sr.22686 W.P.No.8990 of 2017 skv[co] srg 26/04/2017