P.Shanmugavadivelu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.09.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.20293 of 2021 P.Shanmugavadivelu .. Petitioner Vs.

1.The District Collector Tiruppur District, Tiruppur.

2.The Revenue Divisional Officer Tiruppur, Tiruppur District.

3.The Tahsildar Tiruppur South, Tiruppur Tiruppur District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to take appropriate action to remove the encroachment made in R.S.Nos.138, 1250, 1251, 1252, 1253 and 1254 Kandiankoil Village, Tiruppur South Taluk, Tiruppur District.

For the Petitioner :

Ms.Hemalatha for Mr.C.Prakasam For the Respondents :

Mr.S.J.Mohammed Sathik Counsel for State.

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner complains of alleged anti-social elements having encroached on government land at S.Nos.138, 1250 to 1254 in Kandiankoil Village, Tiruppur South Taluk in Tiruppur District.

2. Mr.S.J.Mohammed Sathik, learned counsel for State, takes notice on behalf of all three respondents and indicates that the third respondent Tahsildar of Tiruppur South Taluk would be the appropriate authority to inquire into the matter. https://hcservices.ecourts.gov.in/hcservices/

3. Accordingly, W.P.No.20293 of 2021 is disposed of by permitting the petitioner to carry a fresh, detailed representation to the third respondent Tahsildar within four weeks from date, whereupon the Tahsildar will cause an inquiry to be made, after the model code ceases to be in operation, upon due notice to any person who is likely to be affected thereby. In the event the Tahsildar finds any encroachment on government land, immediate appropriate action should be taken in accordance with law upon notice to the encroachers.

4. The Tahsildar should communicate his reasoned decision on the matter to the petitioner within eight weeks of October 16, 2021.

W.M.P.No.21548 of 2021 is closed. There will be no order as to costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar sra/kst To 1.The District Collector Tiruppur District, Tiruppur.

2.The Revenue Divisional Officer Tiruppur, Tiruppur District.

3.The Tahsildar Tiruppur South, Tiruppur Tiruppur District.

+1CC to The Government Pleader, SR.No. 49097 W.P.No.20293 of 2021 GJ(CO) B.VC (28/09/2021) https://hcservices.ecourts.gov.in/hcservices/