Muthukumaran Murugesan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.11.2021 CORAM :
THE HON'BLE MR.JUSTICE M.DURAISWAMY, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J. SATHYA NARAYANA PRASAD Muthukumaran Murugesan .. Petitioner v.
1 The District Collector, Collectorate Office, Ariyalur, Ariyalur District.
2 The Revenue Divisional Officer, Revenue Divisional Office, Udaiyarpalayam, Ariyalur District.
3 The Thasildar, Senthurai, Ariyalur District.
4. Mr. G. Pandian
5. Mr. K. Rajendran .. Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment in Government Lands in Survey No.422/10 00057 Sq. Meter land and in survey No.422/1, 02375 sq. meter and following the G.O.(Ms) No.540 issued by the Secretary to Government dated 04.12.2014.
For Petitioner : Mr.R.Gokularkrishnan For Respondents : Mr.P.Muthukumar Govt. Pleader - R1 to R3
O R D E R
(Order of the Court made by M.DURAISWAMY, ACJ) The petitioner has filed the above Writ Petition as a Public Interest Litigation to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment in Government Lands in Survey No.422/10, measuring an extent of 00057 Sq. Meter land and in Survey No.422/1, measuring an extent of 02375 sq. meter, following the
G.O.(Ms) No.540, issued by the Secretary to Government, dated 04.12.2014.
2. It is the case of the petitioner that the respondents have not taken any steps to remove the encroachments made by the private respondents in the above referred survey numbers in spite of repeated representations.
3. Mr.P.Muthukumar, learned Government Pleader, taking notice for the respondents 1 to 3 submitted that the 3rd respondent would consider the representations submitted by the petitioner and take necessary legal steps to remove the encroachments made by the encroachers as per the provisions of the Tamil Nadu Land Encroachment Act, 1905, within a period of twelve weeks, from the date of receipt of a copy of this order.
4. In view of the submissions made by the learned Government Pleader, we grant twelve weeks time to the 3rd respondent to take steps
to remove the encroachments made by the encroachers in the said lands, following the provisions of the Tamil Nadu Land Encroachment Act, 1905, With these observations, the writ petition is disposed of. No costs.
[M.D., ACJ] [J.S.N.P., J.] 18.11.2021 Index : Yes/No Speaking Order/Non Speaking Order Rj To 1 The District Collector, Collectorate Office, Ariyalur, Ariyalur District.
2 The Revenue Divisional Officer, Revenue Divisional Office, Udaiyarpalayam, Ariyalur District.
3 The Thasildar, Senthurai, Ariyalur District.
M.DURAISWAMY, ACJ and J. SATHYA NARAYANA PRASAD ,J Rj 18.11.2021