D.Manjula v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.12.2022

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY D.Manjula ...

Petitioner Vs 1.The District Collector Tiruvannamalai District.

2.The Revenue Divisional Officer Arani-632 301 Tiruvannamalai District.

3.The Block Development Officer Polur-606 803 Tiruvannamalai District.

4.The Tahsildar Polur-606 803 Tiruvannamalai District.

5.The Revenue Inspector Santhavasal Sub Divison Polur-606 803 Tiruvannamalai District.

6.Muniyappan 7.Lakshmi 8.Elumalai ...

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the Respondents 1 to 5th respondents to remove the encroachment made by respondents 6 to 8 in Odai Kaalvai Porambokku in Thuluva Pushpakiri Village Survey No. 218 Polur Taluk Tiruvannamalai District.

For the Petitioner :: Mr.R.Amardeep For the Respondents :: Mr.J.Raveendran, Additional Advocate-General, assisted by Mr.S.Surendran, Government Advocate, for respondents 1 to 5

ORDER

(Made by the Hon'ble Acting Chief Justice) This writ petition has been filed seeking a Writ of Mandamus directing respondents 1 to 5 to remove the encroachment made by respondents 6 to 8 in Odai Kaalvai Porambokku in Thuluva Pushpakiri Village Survey No. 218 Polur Taluk Tiruvannamalai District.

2. Mr.J.Ravindran, learned Additional Advocate-General appearing for respondents 1 to 5 submitted that encroachment has been made by the following persons:

Sl.No.

Name of the encroacher Type of encroachment Area of encroachment Elumalai Water tank, House, Cattle shed, paddy crops 0.0250 sq.m.

Sampath House, toilet,paddy crops 0.0150 sq.m.

Muniappan House, toilet,paddy crops 0.0150 sq.m.

Total 0.0550 sq.m.

3. It is also submitted that notice has been issued, calling upon the encroachers to remove the encroachment and handover vacant possession, within a period of fifteen days. The learned Additional Advocate-General seeks

six weeks' time to undertake the exercise in a complete manner.

4. Accordingly, the writ petition is disposed of directing respondents 1 to 5 to remove all the encroachments within a period of six weeks from the date of receipt of a copy of this order.

5. The petitioner is at liberty to reopen the matter, if the encroachment has not been removed.

(T.R., ACJ.) (D.B.C., J.) 05.12.2022 Index: Yes/No tar To 1.The District Collector Tiruvannamalai District.

2.The Revenue Divisional Officer Arani-632 301 Tiruvannamalai District.

3.The Block Development Officer Polur-606 803 Tiruvannamalai District.

4.The Tahsildar Polur-606 803 Tiruvannamalai District.

5.The Revenue Inspector Santhavasal Sub Divison Polur-606 803 Tiruvannamalai District.

T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY, J.

(tar) 05.12.2022