T.K.Theeransamy v. The Tahsildar

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 T.K.Theeransamy ...

Petitioner versus 1.The Tahsildar Tashildar Office, Modakurichi Taluk, Erode District.

2.The Revenue Divisional Officer Erode District.

3.The Assistant Engineer (WRD) Assistant Engineer Office(WRD) Public Works Department (WRD) (Water Resources Department) Ayyagoundam Palayam Modakurichi Erode District.

4.The District Collector Erode District.

5.The Superintendent Engineer Division of Bhavani Vadi Nilam (WRD) (Water resources department) Public Works Department, Erode District.

6.P.Kathiravan ...

Respondents

Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of mandamus directing respondents 1 to 5 to remove the encroachments made by the 6th respondent in S.No.225/3 and S.No.226/1 situated at Puthur A.Village by considering his representation dated 26.01.2023. Appearances :

Mr.A.Kumar, for the petitioner Mr.P.Muthukumar, State Government Pleader, for respondents 1 to 5

ORDER

(Made by the Hon'ble Acting Chief Justice) The petitioner has filed this writ petition seeking a writ of mandamus directing respondents 1 to 5 to remove the encroachments made by the sixth respondent in S.No.225/3 and S.No.226/1 situated at Puthur A.Village by considering his representation dated 26.01.2023.

2. Mr.A.Kumar, learned counsel for the petitioner, drew the attention of this Court to a copy of the 'A' Register wherein it is mentioned that the land covered in S.No.225/3 and S.No.226/1 are classified as 'vaikkal'.

3. Mr.P.Muthukumar, learned State Government Pleader, fairly agreed that the land covered in S.No.225/3 and S.No.226/1 are classified as 'vaikkal' and that if any encroachment is made by the sixth respondent, the same would be removed and sought six weeks' time to remove the encroachments.

4. Recording the said submission of the learned State Government Pleader, the writ petition is disposed of directing the District Collector, Erode, 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 Tahsildar Modakurichi Taluk, Erode District.

2.The Revenue Divisional Officer Erode District.

3.The Assistant Engineer (WRD) Assistant Engineer Office(WRD) Public Works Department (WRD) Ayyagoundam Palayam Modakurichi Erode District.

4.The District Collector, Erode District.

5.The Superintendent Engineer Division of Bhavani Vadi Nilam (WRD) Public Works Department, Erode District.

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

(tar) 27.04.2023