R.Sivalingam v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR W.P. No.27052 of 2019 R.Sivalingam ... Petitioner Vs.

1.The Collector, Thiruvallur District.

2.The Tahsildar, Uthukottai, Thiruvallur District.

3.The Revenue Inspector, Uthukottai, Thiruvallur District.

4.The Block Development Officer, Uthukottai, Thiruvallur District.

5.The Panchayat Union, Ellapuram Union, Uthukottai, Thiruvallur District.

6.M.Murugesan ... Respondents Page No.1 of 5

Prayer:Writ Petition is filed under Article 226 of Constitution of India, for issuance of writ of mandamus, directing the respondents herein to remove the encroachments in Survey Nos.211/3A3 & 4 in terms of the proceedings dated 10.08.2016 in Na.Ka.2881/2016/Aa1 and 08.11.2016 in Na.Ka.2881/2016/Aa1 of the 2nd respondent.

For Petitioner : Mr.N.Nithianandam For R1 to R5 : Mr.A.Selvendran Special Government Pleader For R6 : Not ready in notice

O R D E R

(Order of the Court delivered by S.M.SUBRAMANIAM,J.) The relief sought for in the present writ petition is to direct the respondents to remove the encroachments in Survey Nos.211/3A3 & 4 in terms of the proceedings dated 10.08.2016 in Na.Ka.2881/2016/Aa1 and 08.11.2016 in Na.Ka.2881/2016/Aa1 of the 2nd respondent. 2.

Mr.A.Selvendran, learned Special Government Pleader would submit that the encroachments were identified by the Competent Authorities and actions were initiated with reference to the properties situated in Village Panchayat.

Page No.2 of 5

3.

The President of the Village Panchayat or the Block Development Officer shall submit a report regarding the details of encroachments to the jurisdictional Tahsildar. On receipt of such report, the jurisdictional Tahsildar has to issue notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as 'the Act') and by affording opportunity to the encroachers pass an order under Section 6 and remove the encroachments if any by following the procedure. 3.1 Thus, the Official respondents are directed to complete the entire exercise within a period of twelve weeks from the date of receipt of a copy of this order.

4.

Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs.

[S.M.S.J.] [K.R.S.J.] 22.02.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No veda Page No.3 of 5

To 1.The Collector, Thiruvallur District.

2.The Tahsildar, Uthukottai, Thiruvallur District.

3.The Revenue Inspector, Uthukottai, Thiruvallur District.

4.The Block Development Officer, Uthukottai, Thiruvallur District.

5.The Panchayat Union, Ellapuram Union, Uthukottai, Thiruvallur District.

Page No.4 of 5

S.M.SUBRAMANIAM,J.

AND K.RAJASEKAR,J.

veda Order in 22.02.2024 Page No.5 of 5