R.Sengodan, v. The Director Of Panchayats,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.M.SUNDRESH W.P. No.22850 of 2013 R.Sengodan .. Petitioner -vs1.The Director of Panchayats, Panagal Park, Chennai.

2.The District Collector, Namakkal District, Namakkal.

3.The Deputy Director of Panchayats, District Administration, Namakkal District, Namakkal.

4.The Block Development Officer, Vennandur Panchayat Union, Vennandur, Rasipuram Taluk, Namakkal District.

5.The Tahsildar, Rasipuram Taluk, Rasipuram, Namakkal District.

6.The Village Administrative Officer, Minnakkal Agraharam Village, Rasipuram Taluk, Namakkal District.

7.The President, Minnakkal Agraharam Village Panchayat, Minnakkal Post, Vennandur Via, Rasipuram Taluk, Namakkal District.

8.Indirani .. Respondents

Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the fourth respondent to initiate proceedings under Section 131 (2) of the Tamil Nadu Panchayat Act, 1994 and secure the removal of encroachment of the eighth respondent by constructing a building on the property of the Minnakkal Village Panchayat namely the Amman Koil Public Street.

For Petitioner :

Mr.Govindan, for Mr.R.Murugesan For Respondents :

Mr.S.T.S.Murthi, Govt. Pleader, assisted by Mr.V.Shanmugasundar, G.A.

For RR 1 to 7 :

Mr.K.Gandhikumar, for R-8 * * * * *

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner approached this Court alleging that encroachment on public land had taken place by the eighth respondent.

2.Learned counsel for the eighth respondent accepts that there was some encroachment but that has been demolished. 3.On the other hand, learned counsel for the petitioner seeks to rely upon the recent photographs filed along with the rough sketch showing existence of encroachments. This is contained in the typed set of 06.04.2016.

4.The Block Development Officer / the fourth respondent is directed to carry out an inspection of site and if there is still encroachment in existence, the eighth respondent will remove the same within a period of fifteen (15) days from the intimation of the encroachment, failing which the respondent authorities are free to take coercive action at the cost of the eighth respondent within a period of one (1) month thereafter. 5.Writ Petition stands disposed of. No costs. -s/dAssistant Registrar True Copy Sub-Assistant Registrar

To 1.The Director of Panchayats, Panagal Park, Chennai. 2.The District Collector, Namakkal District, Namakkal. 3.The Deputy Director of Panchayats, District Administration, Namakkal District, Namakkal. 4.The Block Development Officer, Vennandur Panchayat Union, Vennandur, Rasipuram Taluk, Namakkal District. 5.The Tahsildar, Rasipuram Taluk, Rasipuram, Namakkal District.

6.The Village Administrative Officer, Minnakkal Agraharam Village, Rasipuram Taluk, Namakkal District.

7.The President, Minnakkal Agraharam Village Panchayat, Minnakkal Post, Vennandur Via, Rasipuram Taluk, Namakkal District.

+1 cc to M/s.R.Murugan Advocate sr.21880 +1 cc to Government Pleader sr.22150 W.P.No.22850 of 2013 aa12/04/2016