Aruchamy v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2023

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Aruchamy .. Petitioner

Versus

1. The Tahsildar Office of Tashildar Dharapuram Tiruppur District.

2. The Assistant Engineer Dhalavoipattinam Dharapuram Tiruppur District.

3. Muthusamy

4. Chelladurai

5. Chinnakutty ... Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Mandamus, directing the Respondents 1 and 2 to consider the petitioner's representation dated 27.02.2019 requesting to 1/5

remove encroachment made by Respondents 3 to 5 in the canal bed and the pathway in Devanalloor of Kangeyampalayam Village in Dharapuram Taluk of Tiruppur District.

For Petitioner : Mr. N.Ponraj For Respondents : Mr. S.N.Parthasarathy (R1 & R2)

ORDER

(Order of the Court was made by R.MAHADEVAN, J.) Heard Mr. N.Ponraj, learned counsel for the petitioner and Mr. S.N.Parthasarathy, learned Government Advocate appearing for the first and second respondents and also perused the materials placed on record, apart from the pleadings of the parties.

2. This writ petition has been filed for a direction to the first and second respondents to consider the petitioner's representation dated 27.02.2019 requesting to remove encroachment made by the third to fifth respondents in the canal bed and the pathway in Devanalloor of Kangeyampalayam Village, Dharapuram Taluk, Tiruppur District. 2/5

3. The learned Government Advocate appearing for the first and second respondents submitted that the respondent authorities would take appropriate action, with regard to the removal of encroachment, if any, after receiving the report from the Assistant Executive Engineer, PWD, Dharapuram, and upon conducting due inspection and survey of the property in question. In support of the same, he has produced a copy of the communication in Na.Ka.No.3709/2023/A1 dated 22.06.2023, received from the Tahsildar, Dharapuram, the first respondent herein.

4. In view of the above, this court, without going into the merits of the case, directs the respondent authorities to collect the necessary report from the authorities concerned, survey the subject property and thereafter, proceed with the process of removal of encroachment, if any, by following due process of law. Such an exercise shall be completed, on merits and in accordance with law, after affording an opportunity of hearing to all the parties concerned, within a period of eight weeks from the date of receipt of a copy of this order.

3/5

5. With the above directions, this writ petition is disposed. No costs. [R.M.D., J.] [M.S.Q., J.] 22.06.2023 Index : Yes/No Speaking/Non-Speaking Order Maya To

1. The Tahsildar Office of Tashildar Dharapuram Tiruppur District.

2. The Assistant Engineer Dhalavoipattinam Dharapuram Tiruppur District.

4/5

R. MAHADEVAN, J.

and MOHAMMED SHAFFIQ, J.

Maya Dated : 22.06.2023 5/5