Madras High CourtWP/22254/2023disposed of

A.Subbiramani v. The District Collector

2023-09-27Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.09.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

1. A.Subbiramani 2 Saroja Chinnathambi

3. Katturaja Mottaiyan

4. A.Anbalagan

5. Malliga Murugan

6. Neelavanthy Mani

7. G.Jayalakshmi

8. Kuppamal.M

9. Settu 10.John Basha Beer Muhameed 11.Selvadurai.C 12.Krishnamoorthy Chinnakulanthai 13.Ashen Basha Basheer 14.Oojir Bee Basheer 15.Panjalai 16.Ravikumar Krishnamoorthy 17.Kullammal Krishnan 18.A.Jayaraman 19.Ramesh.J ..

Petitioners Vs.

1. The District Collector

2. The Revenue Divisional Officer

3. The Tahsildar Thiruvannamalai Taluk Thiruvannamalai District.

4. G.Saravanan ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 to 3 not to evict the petitioners from their respective houses in S.No.24 and S.No.103/1.

For the Petitioners : Mr.T.Shanmugam For the Respondents : Mr.P.Muthukumar State Government Pleader Assisted by Mrs.R.Anitha Special Government Pleader for Respondents 1 to 3

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.T.Shanmugam, learned counsel for the petitioners and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader for the respondents 1 to 3.

2. The petitioners are encroachers. However, in view of the Scheme, the State has allotted alternate land to the petitioners. In spite of the fact that alternate lands are allotted, the present petitioners have not vacated the encroached area.

3. The contention of learned counsel for the petitioners is that no proper access is available for approaching the alternate site allotted to the petitioners.

4. Learned Special Government Pleader submits that now gravel road would be laid by the State Government for the benefit of these persons.

5. By way of indulgence, we grant two months' time to the petitioners to vacate the encroached site. If, within two months, the encroachment is not vacated by the petitioners, the respondents may take steps to get the petitioners evicted.

6. The writ petition is disposed of. There will be no order as to costs. W.M.P.No.21637 of 2023 filed for permitting the petitioners to file a single writ petition is allowed and disposed of. W.M.P.No.21639 of 2023 is closed.

(S.V.G., CJ.) (P.D.A., J.) 27.09.2023 Index :

Yes/No :

Yes/No kpl To

1. The District Collector

2. The Revenue Divisional Officer

3. The Tahsildar Thiruvannamalai Taluk Thiruvannamalai District.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 27.09.2023