V.Palanisamy v. The District Collector,
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :: 05-01-2024
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR W.P.No.33619 of 2019 V.Palanisamy ...
Petitioner -vs1.The District Collector, Namakkal District, Namakkal.
2.The District Revenue Officer, Namakkal District, Namakkal.
3.The Revenue Divisional Officer, Namakkal District, Namakkal.
4.The Tahsildar, Rasipuram Taluk, Namakkal District.
5.The Block Development Officer, Namagiripettai Panchayat Union, Namagiripettai.
6.Chitayyan
2/6 7.Duraisamy 8.Vaiyapuri 9.Nevadiya 10.Subramani 11.Thummaniya Kali ...
Respondents Petition under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus directing the official respondents 1 to 5 to remove the illegal encroachment made by the private respondents 6 to 11 on the pathway and on the temple land bearing Survey Nos.32/1 and 2 respectively at Oonanthangal Village, Rasipuram Taluk, Namakkal District, by considering the petitioner's representation, dated 12.06.2019.
For Petitioner : Mrs.N.Lakshmi for Mr.R.Jayaprakash For Respondents 1 to 5 : Mr.J.Ravindran, Addl. Advocate General, assisted by Mr.A.Selvendran, Special Government Pleader.
For Respondent 6 : Refused For Respondent 7 & 8 : Died For Respondent 9 to 11 : No appearance
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ORDER
(By S.Vaidyanathan,J.) Petitioner has come forward with this Writ Petition praying to direct official respondents 1 to 5 to remove the illegal encroachment made by the private respondents 6 to 11 on the pathway and on the temple land bearing Survey Nos.32/1 and 2 respectively at Oonanthangal Village, Rasipuram Taluk, Namakkal District, by considering the petitioner's representation, dated 12.06.2019.
2. When the matter is taken up for hearing, Mr.A.Selvendran, Special Government Pleader, appearing for the official respondents, has submitted that the authorities will conduct an inquiry into the matter, apart from spot survey.
3. In view of the submission made by the learned Special Government Pleader, the respondent authorities are directed to conduct an inquiry into the matter, apart from spot survey, and, after hearing all the parties, who are likely to be affected, including the petitioner, take a decision within two months from the date of receipt of this order. If the matter is not concluded within the time stipulated, it is open for the aggrieved person to file contempt against the officials and it is for the Court to decide, at that stage, whether there is wilfil and deliberate disobedience of the orders of this Court.
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4. We make it very clear that the authorities are to adhere to the mandatory directions given by the Madurai Bench of this Court in W.P.MD.No.16120 of 2023, dated 30.08.2023, failing which they will have to face the consequences. In case encroachments in Government Poramboke land, wherein temple is situated, are found and encroachers resist their removal, necessary assistance may be taken by the authorities from local police for the said purpose.
5. Writ Petition is disposed of accordingly. No costs. Index : Yes/No (S.V.N.,J.) (K.R.S.,J.) Internet : Yes/No 05-01-2024 dixit To 1.The District Collector, Namakkal District, Namakkal.
2.The District Revenue Officer, Namakkal District, Namakkal.
3.The Revenue Divisional Officer, Namakkal District, Namakkal.
5/6 4.The Tahsildar, Rasipuram Taluk, Namakkal District.
5.The Block Development Officer, Namagiripettai Panchayat Union, Namagiripettai.
6/6 S.VAIDYANATHAN,J.
AND K.RAJASEKAR,J.
dixit W.P.No.33619 of 2019 05-01-2024