D.Vijaya Raamakrishnaa v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 05.01.2022

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P.No.27501 of 2021 D.Vijaya RaamaKrisnaa ... Petitioner -vs1.The District Collector Thiruvallur District Collectorate Thiruvallur.

2.The Tahsildar Thiruvallur Taluk Office Thiruvallur District, Thiruvallur.

3.Panneer Selvam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st and 2nd respondents to take action against the 3rd respondent for his act of encroachment of government poramboke land bearing S.Nos.2/1, 6/1 and 534 in Pudhukandigai Village, Allikuzhi Post, Thiruvallur District, remove the present encroachment and prevent any other future encroachments.

For petitioner : Mr.T.Mohan for Mr.R.Rajasekaran For respondents : Mr.R.Siddharth Government Advocate for RR1&2

ORDER

(Order of the Court was made by K.KALYANASUNDARAM, J.,) We have heard Mr.T.Mohan, learned counsel for the petitioner and Mr.R.Siddharth, learned Government Advocate appearing for the respondents 1 and 2.

2.The petitioner has filed this writ petition for issuance of writ of mandamus, directing the respondents 1 and 2 to take action against the 3rd respondent to remove the encroachment in S.Nos.2/1, 6/1 and 534 in Pudhukandigai Village, Allikuzhi Post, Thiruvallur District.

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3.The case of the petitioner is that he owns lands in Pudhukandigai Village and the Government Poramboke land measuring to an extent of 20 acres are being used by the petitioner and other villagers as Grazing land. It is alleged that the 3rd respondent had encroached 8 acres of the above mentioned land, which has been classified as 'Government Poramboke' in Survey Nos.2/1, 6/1 and 534. Hence, he made a representation to the 2nd respondent on 18.01.2021 to remove the encroachment and since no action was taken, the present writ petition was filed.

4.The learned Government Advocate on instructions would state that the 2nd respondent having found that the 3rd respondent encroached upon the Government Poramboke land, issued notice under Section 7 of the land encroachment act. It is also stated that the 2nd respondent will take further action in accordance with law.

5.In the light of the facts and circumstances of this case and the submission of the learned Government Advocate, this writ petition is disposed of, directing the 2nd respondent to take appropriate action on the representation of the petitioner dated 18.01.2021 and 06.10.2021 after providing opportunity to all the necessary parties, within a period of six months from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-IX) //True Copy// Sub Assistant Registrar Jer To 1.The District Collector Thiruvallur District Collectorate Thiruvallur.

2.The Tahsildar Thiruvallur Taluk Office, Thiruvallur District, Thiruvallur.

+1cc to Mr.R.Rajasekaran, Advocate SR. No.733 +1cc to Government Pleader SR. No.1633 W.P.No.27501 of 2021 KV (CO) PR (15/02/2022) https://hcservices.ecourts.gov.in/hcservices/