S.Elumalai v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.09.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.32027 of 2016 1.S.Elumalai 2.R.Muniappan 3.Elangovan 4.Sekar .. Petitioners -vs1.The District Collector, Salem District, Salem.

2.The Revenue Divisional Officer, Salem.

3.The Tahsildar, Salem South, Salem.

4.Mohanasundaram 5.M.Nagarajan 6.V.Shanmugham .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct respondents 1 to 3 to remove the illegal encroachments made by respondents 4 to 6 in the poramboke land comprised in S.Nos.17/2E, 17/2F and 17/2J measuring an extent of 1.82 acres in Vembadithalam Village, Salem Taluk and District. For Petitioner :

Mr.T.L.Thirumalaisamy for Mr.Venkataswamy Babu For Respondents :

Mr.R.Vijayakumar Addl.G.P. for RR 1 to 3 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) On hearing the learned counsel for parties, we find that the petition is not supported by any material or photographs to show what is the nature of encroachments alleged against private respondents 4 to 6.

2.However, the petitioners have made representations to the first three respondents dated 22.04.2016 and 07.06.2016, which are required to be dealt with in accordance with law by the Revenue Divisional Officer / second respondent. An inspection can be carried out by the third respondent / Tahsildar to verify the allegations of the petitioners and the needful be done within a month from today. On the basis of the report of the Tahsildar, the Revenue Divisional Officer may examine whether any unauthorised encroachments are found and if so found, take action in accordance with law, after notice to all concerned.

3.Writ petition stands disposed of.

No costs.

Consequently, W.M.P.No.27777 of 2016 stands closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar sra To 1.The District Collector, Salem District, Salem.

2.The Revenue Divisional Officer, Salem.

3.The Tahsildar, Salem South, Salem.

+1cc to M/s. Venkataswamy, Advocate, S.R.No.51863 +1cc to the Government Pleader, S.R.No.52055 SSK(CO) EU(20/09/2016) W.P.No.32027 of 2016 https://hcservices.ecourts.gov.in/hcservices/