Mr.K.Nagarajan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2016

CORAM

The Hon'ble Mr.JUSTICE T.S.SIVAGNANAM and The Hon'ble Ms.JUSTICE R.MALA W.P.No.2062 of 2016 K.Nagarajan .. Petitioner -vs1. The District Collector,

2. The Revenue Divisional Officer,

3. The District Revenue Officer,

4. The Tahsildar, .. Respondents Petition under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the second respondent to remove encroachment at the lands comprised in S.Nos.259/2 for an extent of 60 ares and S.No.259/1B to an extent of 4.35.5 hectares under Land Encroachment Act following G.O.Ms.540 dated 04.12.2014 within a time frame as fixed by this Court.

For Petitioner : Mr.A.Arun Babu For Respondent : Mr.STS.Moorthy Nos.1 to 4 Government Pleader Assisted by Mr.V.R.Kamalanathan, AGP

O R D E R

(Order of the Court was made by T.S.Sivagnanam, J.) Heard Mr.A.Arun Babu, learned counsel for the petitioner as well as Mr.STS.Moorthy, learned Government Pleader for the respondents.

2.The petitioner has filed this writ petition seeking for a direction to the second respondent to remove the encroachment in the lands comprised in S.No.259/2 to an extent of 60 ares and S.No.259/1B to an extent of 4.35.5 hectares by initiating proceedings under Tamil Nadu Land Encroachment Act, 1905 and by following the guidelines issued in G.O.Ms.540/Revenue (L.t.-6) Department, dated 04.12.2014.

3.The learned counsel for the petitioner submitted that petitioner's representation was considered and the first respondent by memo dated 23.07.2015 has directed the fourth respondent/Tahsildar to initiate appropriate action. Since no action is forthcoming, the petitioner has come forward with the present petition.

4.The learned Government Pleader accepting notice on behalf of the respondents submitted that fourth respondent may be directed to initiate action in a time bound manner. 5.Considering the submissions made by the learned counsel on either side and also taking note of the facts and circumstances of the case, a direction is issued to the fourth respondent to consider the petitioner's representation, which is already been directed to be considered by the first respondent to take action by memo dated 23.07.2015, after issuing notice to the concerned parties, within a period of eight weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition is disposed of. No costs.

DP s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar To

1. The District Collector,

2. The Revenue Divisional Officer,

3. The District Revenue Officer,

4. The Tahsildar, + 1 cc to Mr.A.Arunbabu, Advocate SR 3856 ksj(co) prk2/2 W.P.No.2062 of 2016