Sambasivam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2025

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ Sambasivam .. Petitioner -vs1. The District Collector, Chengalpetu District, Chengalpetu.

2. The Block Development Officer, Thiruporur Taluk, Chengalpetu District.

3. The Tahsildar, Thiruporur Taluk, Chengalpetu.

4. Village Administrative Officer, Nellikupam Village, Thiruporur Taluk, Chengalpetu District.

5. Murugesan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the third respondent to consider

the representation dated 20.08.2024 in respect of removing the encroachment of the fifth respondent at Survey No.140 & 141 Nelikuppam Village, Thiruporur Taluk, Chengalpattu District and remove the encroachment on land.

For Petitioner :

Mr.K.Chandrasekaran For Respondents :

Mr.A.Edwin Prabakar State Govt. Pleader Assisted by Mr.M.Habeeb Rahman, Govt. Advocate, for RR 1 to 4 ;

Mr.M.Vijayakumar for R-5 * * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Respondent No.5 is present through advocate Mr.Vijayakumar, who undertakes to file vakalatnama within a week. Undertaking is accepted. A copy of the petition has also been made available.

2. Sri.Prabakar files a status report of respondent No.3 through one Natarasan, affirmed on 06.02.2025. He also files a typed set of documents. Sri.Prabakar states that the details of encroachments are at paragraphs 5 and 6 of the status affidavit of Mr.Natarasan. Sri.Prabakar further states

that not just notice under Section 7 has been issued, but also eviction notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 has been given to all encroachers on 19.02.2025. He further states, as per the law, 15 days time to remove the encroachment has been given and the 15 days time will expire today. Sri.Prabakar states that if by tomorrow, the encroachments are not removed, immediate steps to remove the encroachments will be taken. Statement accepted as an undertaking to this Court.

Petition is disposed of. There shall be no order as to costs. (K.R.SHRIRAM, CJ.) (MOHAMMED SHAFFIQ, J.) 06.03.2025 Index : Yes/No : Yes/No sra

The Hon'ble Chief Justice and Mohammed Shaffiq, J.

(sra) To

1. The District Collector, Chengalpetu District, Chengalpetu.

2. The Block Development Officer, Thiruporur Taluk, Chengalpetu District.

3. The Tahsildar, Thiruporur Taluk, Chengalpetu.

4. Village Administrative Officer, Nellikupam Village, Thiruporur Taluk, Chengalpetu District.

06.03.2025