P.Srinivasan v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.03.2020
CORAM
THE HONOURABLE MR. JUSTICE M.M. SUNDRESH AND THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.No.6298 of 2020 P.Srinivasan ... Petitioner Vs 1.The District Collector, Collectorate, Tiruvallur District.
2.The Tahsildar, Taluk Office, Tiruvarur District.
3.The Assistant Director(Panchayat), Office of the Assistant Director (Panchayat), Collectorate, Thiruvarur District.
4.The Block Development Officer (Village Panchayats), Office of Block Development Office, Thiruvarur District.
5.Annamalaisamy 6.Kaleeshwaran 7.Vijayakumar 8.Suresh 9.Manimegalai 10.Vembhu 11.Thulasi Ammal 12.Prema 13.Vadivalagi 14.Thanbakkiyam 15.Vasantha 16.Thilaga 17.Muthulaxmi 18.Sivamathi 19.Mohandas 20.Dinakaran 21.Gokulamathiraja 22.Vaithiyalingam
23.Bhiroas Begam 24.Geetha Ranjani 25.Kartheeswari 26.Mallika W/o Vedarethinam 27.Nagalaxmi 28.Manikkam 29.Chellammal 30.Mallika W/o Sekhar ... Respondents Prayer : Writ Petition filed under 226 of the Constitution of India to issue a writ of mandamus directing respondents and in particularly 3rd and 4th respondent to implement their own proceedings, Na.Ka.No.3171/2019/A3/U.E.(U) dt.06.12.2019 and 10.02.2020 and to removal of encroachment existing on the "Pulivalam Perumal Tank" and its Bank, incoming & outgoing channels in S.No.148/1 situated at Pulivalam Village, Thiruvarur TK& District.
For Petitioner : Mr.P.Vijendran For Respondents : Mr.G.K.Muthukumar, Spl GP for R1 to R4
ORDER
(Order of the Court was made by M.M.SUNDRESH,J) This writ petition has been filed by the petitioner seeking a direction to the first respondent to initiate action and thereafter remove the encroachments made.
2. The learned Special Government Pleader, on instructions, submitted that already notices under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 have been issued and the appropriate final order would be issued in accordance with law.
3. In such view of the matter, we are disposing of the writ petition by directing the second respondent to complete the process within a period of eight weeks from the date of receipt of a copy of this order. Based upon the same, the fourth respondent shall take further action in the matter. However, we make it clear that we are not going into the merits of the case and this order is passed subject to the rights of the encroachers to challenge the final order of eviction in accordance with law.
Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ssm To 1.The District Collector, Collectorate, Tiruvallur District.
2.The Tahsildar, Taluk Office, Tiruvarur District.
3.The Assistant Director(Panchayat), Office of the Assistant Director (Panchayat), Collectorate, Thiruvarur District.
4.The Block Development Officer (Village Panchayats), Office of Block Development Office, Thiruvarur District.
+1cc to Mr.P.Vijendran, Advocate Sr.22789 +1cc to the Government pleader Sr.22701 W.P.No.6298 of 2020 ak[co] srg 21/07/2020