Thangarasu v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.04.2023 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Thangarasu .. Petitioner Vs 1.The Tahsildar, Tahsildar Office, Paramathi Velur Taluk, Namakkal District.

2.Ramasamy .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the first respondent to remove the encroachment made in Natham Survey No.316/8 of Kothamangalam Village, Paramathi Velur Taluk, Namakkal District based on the reports submitted by the Revenue Inspector, Jedarpalayam and Village Administrative Officer, Kothamangalam Village.

For the Petitioner : Mr.S.Lakshmanasamy For the Respondents : Mr.P.Muthukumar State Government Pleader for respondent No.1

ORDER

(Order of the court was made by the Hon'ble Acting Chief Justice) Thangarasu, son of Ponnusamy, a resident of Kothamangalam Village, Paramathi Velur Taluk, Namakkal District, has filed this writ petition seeking issuance of a writ of mandamus to direct the first respondent to remove the encroachment made in Natham Survey No.316/8 of Kothamangalam Village, Paramathi Velur Taluk, Namakkal District, based on the reports submitted by the Revenue Inspector, Jedarpalayam and Village Administrative Officer, Kothamangalam Village.

2. Mr.S.Lakshmanasamy, learned counsel for the petitioner, would submit that the land in Natham Survey No.316/8 of Kothamangalam Village, Paramathi Velur Taluk, Namakkal District, has been encroached by the second respondent by constructing a shed and bathroom. Ventilating his grievance, the petitioner sent a representation on 14.2.2022 to the first respondent. As the said

representation did not evoke any response, the petitioner has been advised to file this writ petition.

3. Mr.P.Muthukumar, learned State Government Pleader taking notice on behalf of the first respondent, would submit that even as per the averments in the affidavit the land in question is classified as "Sarkar Poramboke (Temple)" and it is not classified as "Natham" as claimed by the petitioner. In any event, he submitted that the first respondent shall consider the representation of the petitioner dated 14.2.2022 and take necessary action in accordance with law as per the reports submitted by the Revenue Inspector, Jedarpalayam and the Village Administrative Officer, Kothamangalam Village.

4. Recording the aforesaid submission made by learned State Government Pleader, the writ petition is disposed of with a direction to the first respondent to consider the representation of the petitioner dated 14.2.2022 and take appropriate action, as expeditiously as possible, in accordance with law and in the light of

the reports submitted by the Revenue Inspector, Jedarpalayam and the Village Administrative Officer, Kothamangalam Village. There will be no order as to costs.

(T.R., ACJ.) (D.B.C., J.) 20.04.2023 Index :

No No sasi To:

The Tahsildar, Tahsildar Office, Paramathi Velur Taluk, Namakkal District.

THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(sasi) 20.04.2023