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Madras High CourtWP/7430/2022disposed of

Anandaraj v. The District Collector

2022-03-30Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.03.2022 CORAM :

THE HONOURABLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.NO.7430 OF 2022 Anandaraj

...Petitioner

Vs.

1.The District Collector, District Collector Office, Tiruchengode Road, Namakkal-637 003.

2.District Revenue Officer, Collectorate Office Campus, Tiruchengode Road, Namakkal.

3.The Revenue Divisional Officer, Namakkal.

4.The Tahsildar, Mohanur, Namakkal.

5.The Revenue Inspector, Valayapatti Village, Namakkal-637 020.

6.The Village Administrative Officer, Valayapatti Village, Namakkal-637 020.

7.Raja 8.Thangavel 9.Selvarasu

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents 1 to 6 in the public interest to remove the

encroachments made by the respondent Nos.7 to 9 comprised in Survey Nos.370A/16, 370A/17, 370A/1B6 and 370A/1B5 situated at Valayapatti Village, Mohanur Taluk, Namakkal District and restore the same to its original state on the basis of the petitioner's representation dated 10.11.2021 and 15.12.2021 within the time frame fixed by this Court.

For petitioner :

Mr.K.Selvakumar For respondents :

Mr.J.Ravindran, Addl. Advocate General, assisted by Mr.S.J.Mohammed Sathik, Govt. Advocate for RR-1 to 6

ORDER

(The Order of the Court was made by The Honourable Chief Justice) The Writ Petition has been filed seeking direction to the respondent Nos.1 to 6 to remove encroachments made by the respondent Nos.7 to 9, in S.Nos.370A/16, 370A/17, 370A/1B6 and 370A/1B5, situated at Valayapatti Village, Mohanur Taluk, Namakkal District.

2. Learned counsel for the petitioner submitted that, despite the representations dated 10.11.2021 and 15.12.2021 to the respondent Nos.1 to 6 to remove the encroachments, no action has been taken and thus, this Writ Petition has been filed in public interest.

3. Learned Additional Advocate General appearing for the respondents 1 to 6 submitted that the respondent Nos.1 to 6 will make a survey to find out as to whether the encroachments exist in the Survey Numbers given by the petitioner and if it is found, action would be taken immediately thereupon, as per the provisions of law.

4. In view of the above statement of the learned Additional Advocate General, we dispose of this Writ Petition, with a direction to the respondents 1 to 6 to make a survey of the land in the Survey Numbers referred to above and if any encroachment is found, they shall take action against the encroachers as per the provisions of law, within a period of three months from today. No costs.

Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar cs

To 1.The District Collector, District Collector Office, Tiruchengode Road, Namakkal-637 003.

2.District Revenue Officer, Collectorate Office Campus, Tiruchengode Road, Namakkal.

3.The Revenue Divisional Officer, Namakkal.

4.The Tahsildar, Mohanur, Namakkal.

5.The Revenue Inspector, Valayapatti Village, Namakkal-637 020.

6.The Village Administrative Officer, Valayapatti Village, Namakkal-637 020.

W.P.No.7430 of 2022 MG(CO) RVM(06/04/2022)