Kanagaraj v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Kanagaraj ..

Petitioner Vs.

1. The Secretary to Government Housing Rural and Urban Development Department Secretariat, Fort St. George Chennai - 600 009.

2. The District Collector Office of the District Collector Tiruppur District.

3. The Tahsildar Palladam Taluka Office of the Tahsildar Palladam Taluk, Tiruppur District.

4. Maragadhamani

5. Viswanathan

6. Devi

7. Palanisamy

8. Visalaatchi

9. Palaniammal

10. Vanitha ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the 3rd respondent/Tahsildar to consider and implement the order dated 12.07.2023 in N.A.4045/2023/A3 passed by the 2nd respondent and also to remove any other encroachments made by any other persons in the Government Poramboke land in Survey Nos. 738 and 739 at Naranapuram village in Palladam Taluk, Tiruppur District with due process of law.

For the Petitioner : Mr.A.V.Vignesh For the Respondents : Mr.A.Edwin Prabakar State Government Pleader for R1 to R3

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.A.V.Vignesh, learned counsel for the petitioner and Mr.A.Edwin Prabakar, learned State Government Pleader for respondents 1 to 3.

2. It is submitted by learned counsel for the petitioner that the appeal filed by the private respondents against the order passed for removal of encroachment under the provisions of the Tamil Nadu Land Encroachment Act, 1905 is dismissed. No action is taken.

3. Learned State Government Pleader submits that the father of the present petitioner is also an encroacher.

4. Well, whoever the encroacher is, the encroachment is required to be removed. Even if the father of the petitioner is an encroacher, the same requires to be removed along with the other encroachments expeditiously.

5. The writ petition, accordingly, stands disposed of with the aforesaid observations. There shall be no order as to costs. Consequently, W.M.P.No.2274 of 2024 is closed. (S.V.G., CJ.) (D.B.C., J.) 01.02.2024 Index :

Yes/No :

Yes/No drm

To

1. The Secretary to Government Housing Rural and Urban Development Department Secretariat, Fort St. George Chennai - 600 009.

2. The District Collector Office of the District Collector Tiruppur District.

3. The Tahsildar Palladam Taluka Office of the Tahsildar Palladam Taluk, Tiruppur District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 01.02.2024