S.Sigamani v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2023

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Sigamani ...

Petitioner versus 1.The District Collector Collectorate Building, Tiruvallur 602 001 2.The Revenue Divisional Officer Tiruvallur 602 003 3.The Tahsildar Tiruvallur 602 026 4.V.Arunkumar ...

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing respondents 1 to 3 to remove the encroachment on the land in S.No.388/5, Odhappai Village, Uthukkottai Taluk, Thiruvallur District with the assistance of police by considering the representations dated 24.12.2021, 09.04.2022 and 14.09.2022.

Appearances :

Mr.S.Manoharan, for the petitioner Mr.P.Muthukumar, State Government Pleader, for respondents 1 to 3

ORDER

(Made by the Hon'ble Acting Chief Justice) Seeking a direction upon the official respondents to remove the encroachment made by the fourth respondent, the petitioner has filed this writ petition.

2. The petitioner is the president of Odhappai Village, Panchayat Post, Uthukkottai Taluk, Tiruvallur District. A Government hospital has been in existence for the past three decades and since it was in a dilapidated condition, the village panchayat passed a resolution to construct a new health sub centre at Odhappai, Tiruvallur. When the authorities surveyed the proposed land for the construction of the new health sub centre, it was found that there are many illegal encroachments. In this regard, the petitioner made several representations to the authorities; however, no action was taken. Hence, the present writ petition has been filed with the above prayer. 3.

Mr.P.Muthukumar, learned State Government Pleader, submitted that the representations of the petitioner would be

considered and action would be taken by the District Collector, Tiruvallur. Mr.Muthukumar, sought six weeks' time for the same.

4. Recording the said submission of the learned State Government Pleader, the writ petition is disposed of directing the District Collector, Tiruvallur District, to conduct a survey, and if any encroachment is found, issue notice to the encroachers and remove the same. The entire exercise shall 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.) 27.04.2023 Index : Yes/No : Yes/No tar To 1.The District Collector Collectorate Building, Tiruvallur 602 001 2.The Revenue Divisional Officer Tiruvallur 602 003 3.The Tahsildar Tiruvallur 602 026

T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY, J.

(tar) 27.04.2023