R.Ponnusamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.11.2022
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.29713 of 2022 R.Ponnusamy ..
Petitioner Vs.
1. The District Collector Office of the Collectorate Nallipalayam Post Namakkal District 637 003.
2. The Revenue Divisional Officer Paramathi Road Tiruchengodu Post & Taluk Namakkal District 637 211.
3. The Tahsildhar Paramathi Velur Taluk Office Padamudipalayam Namakkal 638 182.
4. The Block Development Officer Kabilarmalai Union Office Kabilarmalai Post Paramathi-Velur Taluk Namakkal 637 204.
5. Manoharan ..
Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the fourth respondent to consider the petitioner's representation dated 16.04.2020 and evict the encroacher in the Government Poramboke land in Kabilakurichi Village Survey No.324/13 and pathway in Survey No.324/12 within a stipulated period that may be fixed by this Hon'ble Court. For the Petitioner : Mr.M.K.Bhoopathy Rajan For the Respondents : Mr.P.Muthukumar State Government Pleader for Respondents 1 to 4
ORDER
(Made by the Hon'ble Acting Chief Justice) This writ petition has been filed for a direction to the fourth respondent to consider the petitioner's representation dated 16.04.2020 for eviction of the encroacher in the Government Poramboke land in Kabilakurichi Village Survey No.324/13 and pathway in Survey No.324/12.
2. According to the petitioner, the fifth respondent has put up a building in the Government Poramboke land in S.No.324/13 and in
the pathway in S.No.324/12, Kabilakurichi Village. Hence, he made a representation to the respondents on 16.04.2020. But, it did not evoke any response. Hence, he has come up with this writ petition.
3. Mr.P.Muthukumar, learned State Government Pleader, accepting notice for the official respondents, submitted that the official respondents will conduct survey in the land in question and if it is found that there is an encroachment by the fifth respondent, the same will be removed.
4. In view of the above, this writ petition is disposed of, directing the official respondents to conduct survey in the land in question and if there is any encroachment by the fifth respondent, the same shall be removed after giving notice to the fifth respondent, within a period of eight weeks from the date of receipt of a copy of this order. There will be no order as to costs. (T.R., ACJ.) (D.B.C., J.) 10.11.2022 Index : Yes/No kpl
To
1. The District Collector Office of the Collectorate Nallipalayam Post Namakkal District 637 003.
2. The Revenue Divisional Officer Paramathi Road Tiruchengodu Post & Taluk Namakkal District 637 211.
3. The Tahsildhar Paramathi Velur Taluk Office Padamudipalayam Namakkal 638 182.
4. The Block Development Officer Kabilarmalai Union Office Kabilarmalai Post Paramathi-Velur Taluk Namakkal 637 204.
T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY ,J (kpl) 10.11.2022