E.Nagaraj v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 15.09.2020

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MRS.JUSTICE R.HEMALATHA W.P.No.32628 of 2019 E.Nagaraj, S/o.Late Erusppa Reddy, No.13, Mettu Street, Kattupakkam Village & Post, Nemili Taluk, Vellore District.

... Petitioner .. Vs ..

1.The District Collector, Vellore District, Vellore.

2.The District Revenue Officer, Vellore District, Vellore.

3.The Tahsildar, Nemili Taluk, Vellore District.

4.P.Palani 5.Manickam ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, direct the respondents, particularly the 3rd respondent to remove the encroachment made by the respondents 4 and 5 herein from the school land, comprised in Survey No.288/4A, subsequently subdivided as Survey No.288/4A1 and No.288/4A2, to an extent of 0.07 cents, out of 0.28 cents, situated at Katupakkam Village, Nemili Taluk, Vellore District on the basis of the petitioner's representations dated 01.06.2017 and 07.08.2017. For Petitioner :

Mr.R.Thanjan For R1 to R3 :

Mr.R.Vijaya Kumar, Additional Government Pleader For R4 :

Mr.K.S.Purushothaman For R5 :

No Appearance https://hcservices.ecourts.gov.in/hcservices/

ORDER

[Order of the Court was made by M.M.SUNDRESH,J.] The petitioner has come forward with this Writ Petition inter alia alleging that the property belongs to Panchayat Union Elementary School, Kattuppakkam Village, Nemili Taluk, Vellore District, has been encroached illegally by respondent Nos.4 and 5.

2. By filing counter affidavit along with the documents, the learned counsel for the fourth respondent submitted that the petitioner has encroached the land belonging to the above said Panchayat Union Elementary School.

3. Considering the above, we call upon the respondent No.3 to conduct a detailed enquiry by calling both the petitioner and the respondent Nos.4 and 5 and thereafter, take appropriate steps to remove the encroachment, if any. The needful will be done within a period of eight weeks from the date of receipt of copy of this order.

4. With the above direction, this Writ Petition is disposed of. No costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar Jrl/Lpp To 1.The District Collector, Vellore District, Vellore.

2.The District Revenue Officer, Vellore District, Vellore.

3.The Tahsildar, Nemili Taluk, Vellore District.

+1 CC to Mr.K.S.Purushothaman, Advocate sr 29998 +1 CC to Govt. Pleader sr 30258.

W.P.No.32628 of 2019 KS(CO) SP(16/10/2020) https://hcservices.ecourts.gov.in/hcservices/