S.Selvi v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2020

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.No.10324 of 2020 S.Selvi .. Petitioner Vs.

1. The District Collector, Collectorate, Salem District.

2. The District Revenue Officer, Collectorate, Salem District.

3. The revenue Divisional Officer, Attur Taluk and Post, Salem District.

4. The Tahsildar, Gangavalli Taluk and Post, Salem District.

5. Kaliyan, S/o Sadayan, Athitheravidar street, Puliyankurichi village, Gangavalli Taluk, Salem District.

6. Manikandan, S/o.Pachamuthu, Therkumedu, Puliyankurichi Village, Gangavalli Taluk, Salem District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus directing the 4th respondent herein to consider the representation dated 20.2.2020 submitted by the petitioner and comply this court order dated 24.01.2019 made in Wp.no.28224 of 2018 and to remove the encrochment made by the 5 & 6th respondents herein which is situated in S.No. 399/2, 406/3, 399/1 2 3 situated in Puliyankurichi Village, Gangavalli Taluk, Salem District within a time frame as may be fixed by this court.

For Petitioner ..

Mr.A.Rajkumar For Respondents ..

Mr.G.K.Muthukumar, Spl. G.P. For RR1 to 4

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner seeks to consider his representation dated 20.02.2020 by taking note of the earlier order of this court dated 24.01.2019 made in W.P.No.28224 of 2018.

2. The sum and substance of the grievance of the petitioner is that the encroachments are not removed.

3. The learned Special Government Pleader, on instructions, submitted that the land situated in S.No.406/3 is a patta land and therefore, no eviction is carried out. Insofar as the land situated in S.No.399/2 is concerned, eviction has already been carried out. However, the alleged encroachment in S.No.399/1, 2 and 3 it would be looked into other than the one in which encroachment has already been removed and necessary action would be taken.

4. In view of the the aforesaid submissions, we direct the 4th respondent to dispose of the representation of the petitioner dated 20.02.2020 within a period of six weeks from the date of receipt of a copy of this order after due notice to the petitioner as well as the alleged encroachers, if any.

5. This writ petition stands disposed of with the abvoe directions. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar raa/kmk

To 1.The District Collector, Collectorate, Salem District. 2.The District Revenue Officer, Collectorate, Salem District. 3.The revenue Divisional Officer, Attur Taluk and Post, Salem District.

4.The Tahsildar, Gangavalli Taluk and Post, Salem District. +1cc to Government Pleader, Sr.No.26561 W.P.No.10324 of 2020 RSV(CO) GS(28/08/2020)