K.Ramalingam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR K.Ramalingam Petitioner Vs
1. The District Collector, Villupuram
2. The Sub Collector, Villupuram
3. The Tahsildar, Thirukkovilur, Villulpuram
4. The Block Development Officer, Thiruvennainallur, Villupuram
5. Manikkannu
6. Manikandan
7. Singaram
8. Pitchaikkaran
9. Annamalai 10.Subramani 11.Kesavan 12.Parasuraman Respondents Prayer:- This Writ Petition is filed to issue a Writ of Mandamus, directing the Respondents 1 to 4, to take appropriate and necessary action to remove the encroachments in the Government lands comprised in S.Nos.215/6, 216/16, 217/1, and 220/11, at Arungkurukkai Village, Thirukkovilur Taluk, Villupuram based on the representation dated 05.02.2018 to the 1st respondent and repair the damaged road in the encroached lands and enable the road for the public usage of the people of A.Puthur and Arungkurukkai Village, Thirukkovilur Taluk Villupuram District.
1/4
For Petitioners :
Mr.N.Naganathan For Respondents :
Mr.A.Selvendran, SGP-RR1 to 3 Mr.Jayaprakash Narayanan-R4 Mr.R.Varuna Bharathi-R5
ORDER
(Order of the Court was delivered by S.Vaidyanathan, J.)
1. This Writ Petition is filed to issue a Writ of Mandamus, directing the Respondents 1 to 4, to take appropriate and necessary action to remove the encroachments in the Government lands comprised in S.Nos.215/6, 216/16, 217/1, and 220/11, at Arungkurukkai Village, Thirukkovilur Taluk, Villupuram based on the representation dated 05.02.2018 to the 1st respondent and repair the damaged road in the encroached lands and enable the road for the public usage of the people of A.Puthur and Arungkurukkai Village, Thirukkovilur Taluk Villupuram District.
2. This Court heard the learned counsel for the Petitioner and the learned Special Government Pleader for the Respondents 1 to 4 and the learned counsel for the Respondents 4 and 5 and considered their submissions carefully and also perused the materials placed on record.
3. According to the learned counsel for the Petitioner, the petition mentioned lands belonged to the Government and the road laid in the said land, which is a main pathway to go to schools and hospitals, is encroached by the respondents 5 to 12 and in spite of his representation sent to the official respondents to remove the encroachment, no action is taken so far and hence, this Writ Petition has been filed, with the prayer as stated above. 2/4
4. It is stated by the learned Special Government Pleader that notice has been issued for removal of the alleged encroachment by the authorities concerned five years ago and that the lands comprised in S.Nos.215/6, 216/16 is a Government Odai and that cultivation is going on in the said lands and that after harvest, if there is any encroachment, it would be removed.
5. Considering the facts and circumstances of the case and the submissions of the learned counsel on either side, this Court is of the view that the lands belonged to the Government cannot be encroached by any one and hence, the Official Respondents are directed to conduct a detailed enquiry in respect of the alleged encroachment, as alleged by the Petitioner, after affording opportunity to all the parties concerned, including the ones, who are likely to be affected in the event of removal of alleged encroachment, by verifying all the connected revenue records and therafter, take a decision with regard to the grievance of the Petitioner, on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order. It is also made clear that if any encroachment, as alleged by the Petitioners, is made out, the same needs to be removed, immediately after taking such a decision by the concerned Official Respondents.
6. With the above observations and directions, this Writ Petition is disposed of. No costs.
(S.V.N.J.) & (K.R.S.J.) 3/4
S.VAIDYANATHAN, J.
and K.RAJASEKAR, J.
Srcm Index:Yes/No Web:Yes/No Speaking/Non Speaking Srcm To
1. The District Collector, Villupuram
2. The Sub Collector, Villupuram
3. The Tahsildar, Thirukkovilur, Villulpuram
4. The Block Development Officer, Thiruvennainallur, Villupuram 4/4