D.Gurusamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.09.2024 CORAM :

THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN D.Gurusamy .. Petitioner Vs 1.The District Collector, O/o The District Collector, Namakkal District, Namakkal.

2.The District Revenue Officer, The District Collectorate, Namakkal District, Namakkal.

3.The Revenue Divisional Officer, O/o The Revenue Divisional Officer, Mohanur Road, Namakkal District, Namakkal.

4.The Tahsildar, O/o. The Tahsildar, Mohanur, Namakkal District.

5.Govindaraju .. 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 take appropriate action against the fifth respondent and to direct to remove the encroachment done by the fifth respondent in Survey No.224 in S.Vazhavandhi Village in Mohanur Taluk of Namakkal District based on the representation dated 30.5.2024.

For the Petitioner : Mr.R.Muruga Bharathi 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) Seeking to remove the encroachment made by the fifth respondent in Survey No.224 in S.Vazhavandhi Village, Mohanur Taluk, Namakkal District, the petitioner has filed the writ petition.

2. Learned Government Advocate appearing for respondents 1 to 4 submitted that notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 has been issued to the fifth respondent and further action will be initiated as per the said Act.

3. Recording the said submission made by learned Government Advocate, the writ petition is disposed of with a direction to the respondent authorities to proceed with the removal of the encroachment, in accordance with law and after providing an opportunity to all concerned. The aforesaid exercise shall be concluded by the respondent authorities within a period of twelve weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

(D.K.K., ACJ.) (M.J.R., J.) 24.09.2024 Index :

Yes/No NC :

Yes/No bbr

To:

1.The District Collector, O/o The District Collector, Namakkal District, Namakkal.

2.The District Revenue Officer, The District Collectorate, Namakkal District, Namakkal.

3.The Revenue Divisional Officer, O/o The Revenue Divisional Officer, Mohanur Road, Namakkal District, Namakkal.

4.The Tahsildar, O/o. The Tahsildar, Mohanur, Namakkal District.

THE HON'BLE ACTING CHIEF JUSTICE AND M.JOTHIRAMAN,J.

bbr 24.09.2024