Madras High CourtWP/22102/2021disposed of

K.Muthusamy v. The State Of Tamil Nadu

2021-10-21Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.10.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.22102 of 2021 K.Muthusamy

...Petitioner

Vs The State of Tamil Nadu by

1. The Additional Chief Secretary/ Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.

2. The District Collector, Office of the District Collector, Tirupur.

3. The Sub-Collector, Office of the Sub-Collector, Dharapuram, P.O., Tirupur District.

4. The Tahsildar, Office of the Tahsildhar, Dharapuram, P.O., Tirupur District.

5. The Village Administrative Officer, Komarapalayam Village, Moolanur, Dharapuram Taluk, Tirupur District.

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to consider the notice of the petitioner dated 06.09.2021 and take action for removal of encroachments in the

land allotted to N.Chinnaiah Gounder Valasu Government High School in S.No.1662/2 measuring 1.21.5 hectares in Komarapalayam Village, Tirupur District and survey and mark the boundaries so as to prevent future encroachments.

For the Petitioner : Mr.N.Karthikeyan For the Respondents : Mr.P.Muthukumar State Government Pleader

ORDER

(Order of the Court was made by Hon'ble Chief Justice) The petitioner complains that parts of the land allotted to N.Chinnaiah Gounder Valasu Government High School in Survey No.1662/2 in Komarapalayam Village, Tirupur District have been occupied by encroachers and no action has been taken by the official respondents despite complaints.

2. Mr.P.Muthukumar, learned Government Pleader, takes notice on behalf of all the respondents. According to him, the fourth respondent Tahsildar of Dharapuram would be the appropriate official to look into the matter.

3. Accordingly, W.P.No.22102 of 2021 is disposed of by directing the Tahsildar, Dharapuram to commence an inquiry within a fortnight of the receipt of a fresh, detailed representation from the petitioner, upon due notice to the encroachers and all others likely to be affected by the inquiry. In the event the Tahsildar finds any encroachment in any part of the land allotted to the said school, the Tahsildar will forward the matter to the appropriate authorities for the immediate removal of the encroachments. At any rate, the Tahsildar's reasoned decision, following the inquiry, should be communicated to the petitioner, the said school and to all others likely to be affected thereby, including the alleged encroachers, within ten weeks of the receipt of the fresh representation in terms of this order.

There will be no order as to costs.

Sd/- Assistant Registrar(CS II) /True Copy// Sub Assistant Registrar

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