Alamelu v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2022

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.33269 of 2022 Alamelu ..

Petitioner Vs.

1. The Tahsildar Vandavasi Taluk Tiruvannamalai District.

2. Sekar

3. The Block Development Officer Vandavasi Taluk Tiruvannamalai District.

..

Respondents [R3 impleaded suo motu vide order dated 12.12.2022] Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the first respondent to dispose within time frame the petitioner representation dated 02.08.2022 seeking to remove the encroachment caused by the second respondent over the Government paattai land comprised in S.No.60/1, situated at Seeyalam Village, Vandavasi Taluk, Tiruvannamalai District.

For the Petitioner : Mr.G.Mageshkumar For the Respondents : Mr.J.Ravindran Additional Advocate General Assisted by Mr.A.Selvendran Special Government Pleader for Respondent-1 Mr.P.Muthukumar State Government Pleader for Respondent-3

ORDER

(Made by the Hon'ble Acting Chief Justice) The petitioner has filed this writ petition seeking removal of encroachment in S.No.60/1, which is classified as "Paattai" by the Revenue Department.

2. It appears that the petitioner has made a detailed representation to the District Collector stating that the second respondent herein has completely encroached the land classified as Paattai in S.No.60/1 and requesting to remove the same. The said representation was forwarded to the first respondent herein on 10.10.2022. As no action has been taken by the first respondent, the

petitioner has come up with this writ petition.

3. Learned State Government Pleader submits that the land in question falls within the jurisdiction of Panchayat and that the Block Development Officer is the competent authority to remove the encroachment and therefore, he has to be impleaded

4. Considering the facts of the case and the submission of learned State Government Pleader, the Block Development Officer, Vandavasi Taluk, Tiruvannamalai District is suo motu impleaded as the third respondent. The respondents 1 and 3 are directed to issue notice to the second respondent for enquiry and if it is found, on enquiry, that there is an encroachment, the same shall be removed within a period of four weeks from the date of receipt of a copy of this order. The writ petition is disposed of. There will be no order as to costs. (T.R., ACJ.) (D.B.C., J.) 12.12.2022 kpl

To

1. The Tahsildar Vandavasi Taluk Tiruvannamalai District.

2. The Block Development Officer Vandavasi Taluk Tiruvannamalai District.

T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY,J (kpl) 12.12.2022