J.C.Raja v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.12.2022 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY J.C.Raja ..
Petitioner v.
1. The District Collector Krishnagiri 635 001
2. The Revenue Divisional Officer
3. The Tahsildar Krishnagiri
4. The Block Development Officer Village Panchayats Panchayat Union Bargur 635 104, Krishnagiri District
5. The Village President Jegadevi Village
6. Shahjahan S/o Sama Hammud
7. Saidhar S/o Sama Hammud
8. Mubarak S/o Sama Hammud ..
Respondents Petition under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 to 5 herein to remove the encroachment made by the respondents 6 to 8 herein in Government Poromboke land in S.Nos.83/1, 71/1, 71/2 & 71/3, Jegadevi Village, Bargur Taluk, Krishnagiri District and take necessary steps to prevent further encroachment of the said land in future after the removal of the present encroachment within the time that may be fixed by this Hon'ble Court.
For Petitioner ::
Mr.P.Mani For Respondents ::
Mr.J.Ravindran Additional Advocate General assisted by Mr.A.Selvendran Special Government Pleader for R1 to R3 & R5 Mr.P.Muthukumar State Government Pleader for R4
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) This writ petition has been filed seeking the following prayer:- "To issue a writ of mandamus, directing the respondents 1 to 5 herein to remove the encroachment made by the respondents 6 to 8 herein in Government Poromboke land in S.Nos.83/1, 71/1, 71/2 & 71/3, Jegadevi Village, Bargur Taluk, Krishnagiri District and take necessary steps to prevent further encroachment of the said land in future after the removal of the present encroachment within the time that may be fixed by this Hon'ble Court."
2. Having heard the learned counsel appearing for the petitioner, we are unable to find any justification to entertain the writ petition, because the 'A' register clearly shows that the land covered in Survey No.83/1 is only a Government Tharisu land with rock. Although the petitioner claims that the land covered in Survey No.83/2 is earmarked as a burial ground for the Adidravidar community, the petitioner has not shown to us that there is any
encroachment made therein. Therefore, the writ petition is dismissed. There shall be no order as to costs.
Speaking/Non speaking order (T.R.,A.C.J.) (D.B.C.,J.) Index : yes/no 08.12.2022 ss To
1. The District Collector Krishnagiri 635 001
2. The Revenue Divisional Officer
3. The Tahsildar Krishnagiri
4. The Block Development Officer Village Panchayats Panchayat Union Bargur 635 104
5. The Village President Jegadevi Village
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
ss 08.12.2022