S.Adhimoolam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.07.2017
CORAM
THE HON'BLE MS. INDIRA BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.18803 of 2017 S.Adhimoolam .. Petitioner Vs.
1. The District Collector, Collectorate, Thiruvannamalai,
2. The District Revenue Officer, Collectorate, Thiruvannamalai,
3. The Revenue Divisional Officer cum Sub Divisional Executive Magistrate, Thiruvannamalai Division and District.
4. The Tasildar cum Executive Magistrate, Polur, Thiruvannamalai District.
5. The Block Development Officer, Chetpet, Thiruvannamalai District.
6. The Deputy Superintendent of Police, Polur, Thiruvannamalai District.
7. Dhakchinamoorthy
8. Dhanacheyan
9. Dhasarathan 10.Govinda Raj .. Respondents
PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents 1 to 6 to take appropriate action against the respondents 7 to 10 by evicting them from their encroachments of the Cart Track in respect of Survey Nos.15/2 (12 1⁄2 cents 85 x 6 meters) and 16/1 (23 cents, 155 x 6 meters) situated from Kozhavur village to Sothukinni and Semmiyamangalam Village, at Polur Taluk, For Petitioner : Mr.P.Ganapathy For Respondents : Ms.Vasudha Thiagarajan Addl. Government Pleader for respondent Nos.1 to 6
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) This writ petition has been filed by the petitioner seeking a writ of mandamus directing respondent Nos.1 to 6 to take action against the respondent Nos.7 to 10 by evicting them from the encroachments made in Survey Nos.15/2 and Survey No.16/1 situated between Kozhavur Village, Southukinni and Semmiyamangalam Village, Polur Taluk, Thiruvannamalai District.
2. Ms.Vasudha Thiagarajan, learned Additional Government Pleader accepts notice for respondent Nos.1 to 6.
3. Respondent Nos.7 to 10 are private respondents, who are alleged to have encroached into the Cart Track in Survey Nos.15/2 and 16/1 and prevented the villagers from using the Cart Track.
4. The office of the third respondent/Revenue Divisional Officer, Thiruvannamalai shall cause an inspection of the site in question i.e., Survey Nos.15/2 and 16/1 situated between Kozhavur village, Sothukinni and Semmiyamangalam Village, Polur Taluk, Thiruvannamalai District, within a fortnight from the date of receipt of a copy of this order and if any encroachment is found, respondent No.3 shall take action in accordance with law, after giving notice to all concerned, particularly the private respondents before us, viz., respondent Nos.7 to 10 and conclude the proceedings within a period of two months thereafter.
5. The writ petition, accordingly, stands disposed of. No costs.
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar bbr To:
1. The District Collector, Collectorate, Thiruvannamalai,
2. The District Revenue Officer, Collectorate, Thiruvannamalai,
3. The Revenue Divisional Officer cum Sub Divisional Executive Magistrate, Thiruvannamalai Division and District.
4. The Tasildar cum Executive Magistrate, Polur, Thiruvannamalai District.
5. The Block Development Officer, Chetpet, Thiruvannamalai District.
6. The Deputy Superintendent of Police, Polur, Thiruvannamalai District.
+1cc to M/s.P.Ganapathy, Advocate, S.R.No.53636 +1cc to the Government Pleader, S.R.No.54318 W.P.No.18803 of 2017 AR(CS V) CU(16/08/2017)