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Madras High CourtWP/32639/2022disposed of

Thiyagarajan v. The District Collector

2022-12-07Honourable The Acting Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.12.2022

CORAM

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

Petitioner Vs 1.The District Collector Kallakurichi District 2.The Revenue Divisional Officer Thirukovilur, Kallakurichi District.

3.The Tahsildar Ulundurpet Taluka, Kallakurichi District 4.Ramasangu 5.Vaithilingam ...

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing respondents 1 to 3 to remove the encroachments in Government Odai (Vaari) Promboke land situated at SF No.117/3 at A.Mazhavarayanur Village, Uludurpet Taluka, Kallakurichi District and restore it to its original position. For the Petitioner :: Mr.N.Suriyamuthu For the Respondents :: Mr.A.Selvendran, Special Government Pleader, for respondents 1 to 3

ORDER

(Made by the Hon'ble Acting Chief Justice) The petitioner has come forward with this writ petition praying for a Writ of Mandamus directing respondents 1 to 3 to remove the encroachments in Government Odai (Vaari) Poromboke land situated at SF No.117/3 at A.Mazhavarayanur Village, Uludurpet Taluka, Kallakurichi District and restore it to its original position.

2. According to the petitioner, the respondents 4 and 5 had removed soil from the Government odai Poromboke in the land situated at SF No.117/3 at A.Mazhavarayanur Village and converted the said land into an agricultural land, thereby changing the water flow in the region, affecting agricultural activities in the area.

3. Mr.A.Selvendran, learned Special Government Pleader appearing for the respondents 1 to 3 submitted that there is encroachment and sought four weeks' time to remove the same. He also sought permission to survey the land before removing the encroachment.

4. In view of the above, the respondents 1 to 3 are directed to survey the land, with due notice to the affected parties, and remove the encroachment. The entire exercise should be completed within a period of four weeks' from the date of receipt of a copy of this order.

5. With the above direction, the writ petition is disposed of. No costs.

(T.R., ACJ.) (D.B.C., J.) 07.12.2022 Index: Yes/No tar To 1.The District Collector Kallakurichi District 2.The Revenue Divisional Officer Thirukovilur, Kallakurichi District 3.The Tahsildar Ulundurpet Taluka Kallakurichi District Pin-606 107.

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

(tar) 07.12.2022