C.Sakthivel v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.09.2024 CORAM :

THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI C.Sakthivel .. Petitioner Vs 1.The District Collector, Perambalur District, Perambalur.

2.The Revenue Divisional Officer, Kunnam Taluk, Perambalur District.

3.The Tahsildar, Kunnan Taluk, Perambalur District.

4.The President, Vashistapuram Panchayat, Thungapuram Village, Perambalur District.

5.Kandhasamy .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to

4 to remove the encroachment made by the fifth respondent in Plot No.45, Survey No.4/8C, Vashistapuram Village, Kunnam Taluk, Perambalur District based upon the petitioner representation dated 10.7.2023.

For the Petitioner : Mr.S.Kasirajan For the Respondents : Mr.M.Habeeb Rahman Government Advocate for respondents 1 to 4

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) Alleging that the fifth respondent has encroached on the land comprised in Plot No.45, Survey No.4/8C, Vashistapuram Village, Kunnam Taluk, Perambalur District, the petitioner sent a representation to the respondent authorities on 10.7.2023. As the said representation did not evoke any response, the present writ petition is filed.

2. Mr.M.Habeeb Rahman, learned Government Advocate, on instructions, submitted that the third respondent/Tahsildar had

already inspected the writ subject property and noticed that the son of the fifth respondent has put up an encroachment and he shall take necessary further action in accordance with law at the earliest.

3. In the light of the aforesaid submission made by learned Government Advocate, we dispose of the writ petition with a direction to the third respondent to take necessary steps, in accordance with law, to remove the encroachment put up by the son of the fifth respondent, of course after affording an opportunity to all the interested persons, including the fifth respondent. There shall be no order as to costs.

(D.K.K., ACJ.) (P.B.B, J.) 19.09.2024 Index :

Yes/No NC :

Yes/No sasi

To:

1.The District Collector, Perambalur District, Perambalur.

2.The Revenue Divisional Officer, Kunnam Taluk, Perambalur District.

3.The Tahsildar, Kunnan Taluk, Perambalur District.

4.The President, Vashistapuram Panchayat, Thungapuram Village, Perambalur District.

THE HON'BLE ACTING CHIEF JUSTICE AND P.B.BALAJI, J.

(sasi) 19.09.2024