Selvi v. The Revenue Divisional Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.02.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR W.P. No.27834 of 2019 Selvi ... Petitioner Vs.
1.The Revenue Divisional Officer, Revenue Divisional Office, Cheyyar, Thiruvannamalai District.
2.The Block Development Officer, Block Development Office, Vandavasi, Thiruvannamalai District.
3.Saravanan 4.The Tahsildar, Vandavasi, Thiruvannamalai District.
... Respondents (R-4 suo motu impleaded in W.P.No.27834 of 2019 dated 22.02.2024 by SMSJ & KRSJ) Page No.1 of 5
Prayer:Writ Petition is filed under Article 226 of Constitution of India, for issuance of writ of mandamus, directing the 2nd respondent to remove the illegal encroachment made by the 3rd respondent on the Government Poramboke land situated at Punnai Join Road, Punnai Village, Vandavasi Taluk, Thiruvannamalai District in S.No.246 preventing the access and enjoyment of petitioner's patta land.
For Petitioner : Mr.K.Shanmugam For R1, R2 & R4 : Mr.A.Selvendran Special Government Pleader
O R D E R
(Order of the Court delivered by S.M.SUBRAMANIAM,J.) This writ petition has been filed to direct the 2nd respondent to remove the illegal encroachment made by the 3rd respondent on the Government Poramboke land situated in S.No.246 at Punnai Join Road, Punnai Village, Vandavasi Taluk, Thiruvannamalai District.
2.
The notice issued to the 3rd respondent would reveal that the 3rd respondent has encroached upon the Government Poramboke land. Thus, the 2nd respondent/Block Development Officer has issued a notice to remove the encroachments within a period of one or two days. Page No.2 of 5
3.
The Block Development Officer in the present case has identified the encroachments. The 3rd respondent has encroached upon the Government Poramboke land. Thus, the notice dated 20.02.2018 issued by the Block Development Officer is to be treated as a Report, which is to be communicated to the jurisdictional Tahsildar, Vandavasi by the Block Development Officer. The Tahsildar, Vandavasi based on the notice dated 20.02.2018 issued by the Block Development Officer is directed to invoke the provisions of the Tamil Nadu Land Encroachments Act 1905 and evict the encroachments by following the procedures as contemplated under the Land Encroachments Act, 1905.
4.
In view of the fact that the Tahsildar, Vandavasi has to initiate action for removal of encroachments, he has been suo motu impleaded as respondent in the present writ proceedings. Mr.A.Selvendran, learned Special Government Pleader takes notice on behalf of the impleaded respondent/Tahsildar, Vandavasi. The Tahsildar, Vandavasi shall complete the exercise of removal of encroachments by following the procedures within a period of twelve weeks from the date of receipt of a copy of this order. Page No.3 of 5
5.
Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs.
[S.M.S.J.] [K.R.S.J.] 22.02.2024 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No veda To 1.The Revenue Divisional Officer, Revenue Divisional Office, Cheyyar, Thiruvannamalai District.
2.The Block Development Officer, Block Development Office, Vandavasi, Thiruvannamalai District.
3.The Tahsildar, Vandavasi, Thiruvannamalai District.
Page No.4 of 5
S.M.SUBRAMANIAM,J.
AND K.RAJASEKAR,J.
veda Order in 22.02.2024 Page No.5 of 5