P.Manickam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.11.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.Manickam .. Petitioner -vs1. The District Collector, Salem.
2. The Revenue Divisional Officer, Salem.
3. The Tahsildar, Salem.
4. Rani .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 and 2 to remove the encroachments made by the 4th respondent in Survey number No. 43 of Nazhikalpatti Village, Salem Taluk, Salem District which is earmarked as School Land within a stipulated period as fixed by this Court.
For the Petitioner :
Mr.R.Ezhilarasan For the Respondents :
Mr.K.Karthik Jagannath Govt. Advocate for RR 1 to 3 :
No appearance for R-4 * * * * *
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.R.Ezhilarasan, learned counsel for the petitioner and Mr.K.Karthik Jagannath, learned Government Advocate for respondent Nos.1 to 3.
2. Encroachment is alleged on the school land.
3. The learned Government Advocate, on the instructions of Tahsildar, Salem, submits that the school land is maintained by the Block Development Officer, Panamarathupatty and eviction notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 will be served by the Block Development Officer to the encroachers and that no encroachment will be allowed in any form on the school land. The learned Government Advocate submits that notice under Section 7 of the Act will be served within two months and further steps would be taken in accordance with law and as per the time framed under the Act, 1905.
In light of that, the writ petition is disposed of. There will be no order as to costs.
(S.V.G., CJ.) (D.B.C., J.) 22.11.2023 Index : Yes/No : Yes/No sra To
1. The District Collector, Salem.
2. The Revenue Divisional Officer, Salem.
3. The Tahsildar, Salem.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sra) 22.11.2023