R.Sivasankar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.02.2023 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.Sivasankar .. Petitioner Vs 1.The District Collector, Vellore District, Vellore.
2.The District Forest Officer, Vellore District, Vellore.
3.The Forest Range Officer, Gudiyatham Range, Vellore District.
4.The Tahsildar, Gudiyatham, Vellore District.
5.N.Pounammal 6.N.Somasundaram .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to remove the encroachments in the Forest Poramboke land situated in S.No.253/3 and 254 of Kanavai Mottur Village, Gudiyatham Taluk, Vellore District within reasonable time.
For the Petitioner : Mr.S.Sivakumar For the Respondents : Mr.P.Muthukumar State Government Pleader for respondent Nos.1 to 4
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice) R.Sivasankar, son of Ramalingam, a resident of Kanavai Mottur Village, Kallapadi Post, Gudiyatham Taluk, Vellore District, has filed this writ petition seeking issuance of a writ of mandamus directing respondents 1 to 4 to remove the encroachments in the Forest Poramboke land situated in S.No.253/3 and 254 of Kanavai Mottur Village, Gudiyatham Taluk, Vellore District, on the basis of a letter dated 25.7.2019 sent by the Tahsildar, Gudiyatham Taluk, wherein it has been mentioned that the land in Survey Nos.253/3 and 254 is classified as "Forest Poramboke".
2. Mr.S.Sivakumar, learned counsel for the petitioner, would
submit that respondents 5 and 6 have encroached upon the land in question classified as "Forest Poramboke" and before any third party rights are created, the encroachments may be directed to be removed.
3. Mr.P.Muthukumar, learned State Government Pleader taking notice on behalf of respondents 1 to 4, would submit that, if four weeks' time is granted to the respondent authorities, they will remove the encroachments.
4. Recording the aforesaid submission made by learned State Government Pleader, the writ petition is disposed of with a direction to respondents 1 to 4 to remove the encroachments upon the land in Survey Nos.253/3 and 254 within a period of four weeks from the date of receipt of a copy of this order in accordance with law. There will be no order as to costs.
(T.R., ACJ.) (D.B.C., J.) 06.02.2023 Index :
No No
sasi
To:
1.The District Collector, Vellore District, Vellore.
2.The District Forest Officer, Vellore District, Vellore.
3.The Forest Range Officer, Gudiyatham Range, Vellore District.
4.The Tahsildar, Gudiyatham, Vellore District.
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sasi) 06.02.2023