Kamalakannan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.09.2019

CORAM

THE HON'BLE DR.JUSTICE VINEET KOTHARI AND THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.No.27127 of 2019 Kamalakannan ... Petitioner vs 1.The District Collector, Villupuram District.

2.The Block Development Officer, Village Panchayats, Gingee Panchayat Union, Villupuram District.

3.The Tahsildar, Gingee Taluk, Villupuram District.

4.Veerappan ... Respondents Petition under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the respondents 2 and 3 to implement the order passed by the first respondent in his proceedings dated 31.05.2009 in Na.Ka.Aa5/14103/2019 by removing the encroachments made by the fourth respondent in Survey No.53 of Inam Mavattambadi Village, Gingee Taluk, Villupuram District within the time frame to be fixed by this Court.

For Petitioner: Mr.R.Arun Dattan For R1 to R3 : M/s.V.Jayaprakash Narayanan Government Pleader.

O R D E R

(By DR.VINEET KOTHARI,J.) The present Writ Petition has been filed to direct the respondents 2 and 3 to implement the order passed by the first respondent in his proceedings dated 31.05.2009 in Na.Ka.Aa5/14103/2019 by removing the encroachments made by the fourth respondent in Survey No.53 of Inam Mavattambadi Village, Gingee Taluk, Villupuram District.

2. Heard the learned counsel for the petitioner Mr.R.Arun Dattan. The learned Government Pleader M/s.V.Jayaprakash Narayanan was directed to accept notice on behalf of the Respondents 1 to 3, who has put in appearance. Perused the materials available on record.

3. In view of the complaint given by the petitioner dated 01.02.2019, regarding the encroachment made by the 4th respondent, the learned District Collector, Villupuram vide memo dated 31.05.2019, directed the Tahsildar to take appropriate action to remove the encroachment against the 4th respondent viz., Veerappan. Therefore, we are of the opinion that the relief sought for is pre-mature.

4. Hence, this writ petition is disposed of with liberty to the petitioner to approach the concerned Authority. No costs. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar kkd To 1.The District Collector, Villupuram District.

2.The Block Development Officer, Village Panchayats, Gingee Panchayat Union, Villupuram District.

3.The Tahsildar, Gingee Taluk, Villupuram District.

+1cc to Mr.R.Arundattan, Advocate Sr.78745 +1cc to the Government Pleader Sr.78974 W.P.No.27127 of 2019 srg 24/10/2019