Sivaprakasam v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.11.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.35123 of 2012 and M.P.No.1 of 2012 Sivaprakasam .. Petitioner -vs1.The District Collector, Tiruvannamalai District, Tiruvannamalai.

2.The Thasildar, Chengam Taluk Office, Chengam, Tiruvannamalai District.

3.S.Vivekanandan .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct respondents 1 and 2 to remove the encroachment and construction made by the 3rd respondent in Survey Number 62/3 situated at Manmalai Village, Chengam Taluk, Tiruvannamalai District and further direct them to restore the land to its original position. For Petitioner :

Mr.S.Sounthar For Respondents :

Mr.R.Vijayakumar, Addl.G.P. for RR 1 and 2

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner alleges encroachment on Government land by the third respondent in S.No.62/3 situated in Manmalai Village, Chengam Taluk, Tiruvannamalai District. No counter-affidavit has been filed despite the lapse of almost four years. https://hcservices.ecourts.gov.in/hcservices/

2.On hearing the learned counsel for parties, we are of the view that the allegation of the petitioner may be enquired into by the second respondent on visit to the site and if any unauthorized construction is found on Government land, action in accordance with law be taken, after notice to all concerned, within a maximum period of three (3) months from the date of receipt of this order.

3.Writ petition, accordingly, stands disposed of. No costs. Consequently, M.P.No.1 of 2012 stands closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sra To 1.The District Collector, Tiruvannamalai District, Tiruvannamalai.

2.The Thasildar, Chengam Taluk Office, Chengam, Tiruvannamalai District.

+1cc to the Government Pleader, S.R.No.65896 nrjk(CO) md(23/11/2016) W.P.No.35123 of 2012 https://hcservices.ecourts.gov.in/hcservices/