C.Venugopal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.07.2017

CORAM:

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.No.39087 of 2004 and W.P.M.P.No.46609 of 2004 C.Venugopal ... Petitioner vs.

1.The District Collector, Erode District, Erode.

2.The Tahsildar, Erode Taluk, Erode.

3.The Revenue Inspector, Erode West, Erode Taluk.

... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a Mandamus forbearing the respondents, their officers, men, subordinates and agents from in any manner proceeding against the petitioner in respect of the land in S.No.61/4 of 31, Thindal Village, Erode Taluk, to an extent of 0.04.0 hectares under the Land Encroachment Act 1905 and consequently from interfering with the peaceful possession and enjoyment of the petitioner over the said property. For Petitioner :

No Appearance For Respondents :

Mr.Akhil Akbar Ali Government Advocate

O R D E R

The writ petition has been filed for issuance of a Mandamus forbearing the respondents, their officers, men, subordinates and agents from in any manner proceeding against the petitioner in respect of the land in S.No.61/4 of 31, Thindal Village, Erode Taluk, to an extent of 0.04.0 hectares under the Land Encroachment Act 1905 and consequently from interfering with the peaceful possession and enjoyment of the petitioner over the said property.

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2.Heard Mr.Akhil Akbar Ali, learned Government Advocate for the respondents.

3.The writ petition is dismissed with a direction to the first respondent to issue an appropriate direction to the second and third respondents to remove the encroachment within a period of one month from the date of receipt of a copy of this order, failing which a departmental action can be initiated against the officials. No costs. Consequently, connected miscellaneous petition is closed.

4.It is also made clear that the compliance report will have to be communicated to the Registrar General of this Court and thereafter, it shall be brought to my notice within one week from the date of receipt of the report.

Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar To 1.The District Collector, Erode District, Erode.

2.The Tahsildar, Erode Taluk, Erode.

3.The Revenue Inspector, Erode West, Erode Taluk.

Copy to:

1.The Registrar General, High Court, Madras.

2.The Section Officer, Writ Section,High Court, Madras(For Watching report) W.P.No.39087 of 2004 sai(co) ss(29/8/2017) https://hcservices.ecourts.gov.in/hcservices/