J.Thinakaran. v. The District Collector,

2024:MHC:1706

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR J.Thinakaran ... Petitioner Vs.

1.The District Collector, Thiruvarur District.

2.The Commissioner, Thiruthuraipoondi Municipality, Thiruvarur District.

3.The Tahsildar, Thiruthuraipoondi, Thiruvarur District.

4.D.Thirugnanasamandam 5.T.Karthik ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 3 herein to take appropriate legal action for removing the encroachment and illegal construction made by respondents 4 and 5 herein in the Government pooramboke land classified as "Kalam" situated in Survey No.62/5, Town Survey Ward - 1 / Block - 6/ T.S.No.24/1 at Singalanthi Village and also in Municipality Road proceeding from Mannargudi Road to Rastha Edatheru, Thiruthuraipoondi Taluk, Thiruvarur District. For Petitioner : Mr.P.Dinesh Kumar For R1 & R3 : Mr.A.Selvendran Special Government Pleader For R2 : Mr.V.Jayaprakash Narayanan For R4 : No Appearance For R5 : Not Ready in Notice

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The relief sought for in the present writ petition is to direct the respondents 1 and 3 to take appropriate legal action for removing the encroachment and illegal construction made by respondents 4 and 5 in the

Government poromboke land classified as "Kalam" situated in Survey No.62/5, Town Survey Ward - 1 / Block - 6/ T.S.No.24/1 at Singalanthi Village and also in Municipality Road proceeding from Mannargudi Road to Rastha Edatheru, Thiruthuraipoondi Taluk, Thiruvarur District.

2. Mr.A.Selvendran, learned Special Government Pleader appearing on behalf of the respondents 1 and 3 based on the instructions from the 3rd respondent made a submission that the subject property has been classified as "Kalam Poromboke" (Threshing Land). In view of the fact that it is Threshing Land and objectionable any encroachments are to be removed.

3. Thus, the respondents 1 to 3 are directed to identify all such encroachments, issue notice and by following the procedures as contemplated under the Tamil Nadu Land Encroachment Act, 1905, remove all the encroachers and utilise the public property for the benefit of the public at large. The said exercise is directed to be completed within a period of twelve

(12) weeks from the date of receipt of a copy of this order.

4. With the above directions, this Writ Petition stands disposed of. No costs.

[S.M.S., J.] [K.R.S., J.] 18.03.2024 Jeni Index : Yes Speaking order / Non-speaking order To 1.The District Collector, Thiruvarur District.

2.The Commissioner, Thiruthuraipoondi Municipality, Thiruvarur District.

3.The Tahsildar, Thiruthuraipoondi, Thiruvarur District.

S.M.SUBRAMANIAM, J.

and K.RAJASEKAR, J.

Jeni 18.03.2024