V.Vijayan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE K.RAJASEKAR V.Vijayan ... Petitioner Vs.

1. The District Collector, Salem District, Salem.

2. The District Revenue Officer, Salem District Collectorate (R.No.105), 1st Floor, Brett's Road, Salem.

3. The Revenue Divisional Officer, Salem District Collectorate (R.No.105), Ground Floor, Brett's Road, Salem.

4. The Tahsildar, Salem District, Salem.

5. K.R.Ramasamy ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd and 4th respondents to remove the encroachment made by the 5th respondent and their men in Government porompoke land in S.No. 31 of Erumapalayam Village, Salem District, as directed by the first respondent in his communication in Na.Ka. 11268 / 2019 / K4 dated 29.08.2019 by considering the petitioner's representation dated

31.01.2019.

For Petitioner : Mr.K.Gandhi Kumar For R1 to R4 : Mr.A.Selvendran, Special Government Pleader For R5 : Mr.R.Nalliyappan

O R D E R

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ of Mandamus has been instituted to direct the respondents 3 and 4 to remove the encroachment made by the 5th respondent and their men in Government porompoke land in S.No. 31 of Erumapalayam Village, Salem District, as directed by the first respondent in his communication in Na.Ka. 11268 / 2019 / K4 dated 29.08.2019 by considering the petitioner's representation dated 31.01.2019.

2. With reference to the alleged encroachments in S.No.31, Erumapalayam Village, Salem District, the learned Special Government Pleader, based on the written instructions of Tahsildar, Salem, made a submission that there are no encroachments identified in Survey No.31, as alleged by the writ petitioner. The said land has been classified as "Grama Natham" and the

competent authorities assigned the land in favour of poor landless people for construction of residential houses. Since smaller extent of land of "Grama Natham" has been assigned to landless poor people in accordance with the Government Scheme, there is no infirmity. However, the counter filed by the Tahsildar reveals that regarding the eviction of encroachments in S.No.31/27, Erumapalayam Village, Salem District and the Memo Na.Ka.11268/2019/k4 received the attention of the respondents 3 and 4 and the issue is under consideration and a decision will be taken in accordance with the Act and Rules. If any such encroachments are identified in S.No.31/27, Erumapalayam Village, Salem District, the respondents are bound to initiate all appropriate action to evict the encroachers by following due process of law. All appropriate actions in this regard are directed to be initiated and encroachments, if any identified, are directed to be removed within a period of 12 weeks from the date of receipt of a copy of this order.

3. Accordingly, the Writ Petition stands disposed of. No costs. (S.M.S.,J.) (K.R.S.,J.) 21.03.2024 skr Index : Yes

Speaking order S.M.SUBRAMANIAM, J.

and K.RAJASEKAR, J.

skr To

1. The District Collector, Salem District, Salem.

2. The District Revenue Officer, Salem District Collectorate (R.No.105), 1st Floor, Brett's Road, Salem.

3. The Revenue Divisional Officer, Salem District Collectorate (R.No.105), Ground Floor, Brett's Road, Salem.

4. The Tahsildar, Salem District, Salem.

21.03.2024