Madras High CourtWP/7624/2023dismissed

M.A.Dakshnamurthy v. District Collector

2023-03-13Honourable The Acting Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2023 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M.A.Dakshnamurthy .. Petitioner Vs

1. The District Collector Villupuram.

2. The Sub Collector Tindivanam.

3. The Tahsildar Tindivanam.

4. The Block Development Officer Olakur Panchayat Union Tindivanam Taluk, Tindivanam.

5. The Village Administrative Officer Neikuppi Village, Tindivanam Taluk Tindivanam.

6. The Sub Inspector of Police Vellimedupettai, Tindivanam Taluk Villupuram District.

7. Kottiswaran

8. Elumalai

9. Selvakumar .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 5 to remove the illegal encroachment over Survey No.41 of Neikuppi Village, Tindivanam Taluk within a stipulated time. For the Petitioner : Mr.G.Baskar For the Respondents : Mr.P.Muthukumar State Government Pleader for respondents 1 to 4

ORDER

(Order of the court was made by the Hon'ble Acting Chief Justice) M.A.Dakshnamurthy, a practising advocate, has filed this writ petition seeking issuance of a writ of mandamus to direct respondents 1 to 5 to remove the illegal encroachment over Survey No.41 of Neikuppi Village, Tindivanam Taluk.

2. Mr.G.Baskar, learned counsel appearing for the petitioner, would submit that respondents 7 to 9 have illegally encroached the

land comprised in Survey No.41 of Neikuppi Village, Tindivanam Taluk, due to which the petitioner is unable to access his land. The petitioner sent representations to the respondent authorities on 5.12.2022 and 30.12.2022. As the said representations did not evoke any response, the petitioner has been advised to file the present writ petition.

3. Mr.P.Muthukumar, learned State Government Pleader appearing on behalf of respondents 1 to 4, submitted that if six weeks' time is granted to the respondent authorities, they will conduct a survey of the lands in question and thereafter remove the encroachments.

4. Recording the aforesaid submission made by learned State Government Pleader, the writ petition is disposed of with a direction to the respondent authorities to conduct a survey of the lands in question with the assistance of the jurisdictional Surveyor and, if any encroachment is found, the same shall be removed after 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.) 13.03.2023 Index :

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