D.Duraisamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.04.2019
CORAM
THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.27947 of 2018 D.Duraisamy .. Petitioner Vs 1 The District Collector District Collectorate Erode District - 638 011.
2 The District Revenue Officer Collectorate Campus Erode District - 638 011.
3 The Revenue Divisional Officer Revenue Divisional Office Brough Road Erode District - 638 001.
4 The Tahsildar Taluk Office Perundurai Erode District - 638 052.
5 C.Kandasamy .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the fourth respondent to remove all the encroachments, stones and waste garbage dumped by the fifth respondent in the Nilaviyal Paathai and survey the lands comprised in R.S.No.780/1 and 9, Karumandisellipalayam Vllage, Perundurai Taluk, Erode District after considering the representation of the petitioner dated 29.05.2018 and also 17.09.2018 in accordance with law expeditiously within a time frame.
For Petitioner : Mr.C.E.Pratap For Respondents : Mr.V.Jayaprakash Narayanan Government Pleader (i/c.) for respondents 1 to 4 Mr.K.T.S.Sivakumar for 5th respondent
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) Heard Mr.C.E.Pratap, learned counsel for the petitioner; Mr.V.Jayaparakash Narayanan, learned Government Pleader (i/c.) for respondents to and Mr.K.T.S.Sivakumar, learned counsel for the fifth respondent.
2. It is the case of the petitioner that encroachment has been put up by the fifth respondent in Nilaviyal Paathai. The petitioner is seeking directions to the fourth respondent to remove the said encroachment put up by the fifth respondent and survey the lands comprised in R.S.No.780/1 and 9, Karumandisellipalayam Vllage, Perundurai Taluk, Erode District.
3. The learned Government Pleader (i/c.) has filed a status report on behalf of the respondents. In the status report dated 22.3.2019, it is stated that there is no encroachment put up by the fifth respondent, however, there is encroachment in the said area by one K.Sudhakar, son of A.Krishnamoorthy, who has encroached upon an extent of 4 sq. mtrs. It is stated that a notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 has been issued to A.Krishnamoorthy, who is father of K.Sudhakar, however, K.Sudhakar has filed a suit in the Court of the District Munsif cum Judicial Magistrate of Perundurai in O.S.No.150 of 2018, which is pending disposal.
In the said suit, necessary written statement has also been filed by the Taluk Tahsildar, Perundurai Taluk, Erode District, who has since been impleaded as the third defendant in the said suit. The proceedings in the suit are being keenly pursued by the fourth respondent herein, i.e., the Tahsildar, Taluk Officer, Perundurai Taluk. The learned Government Pleader (i/c.) stated that thereafter the authorities will take action in accordance with law.
4. In view of the status report and the statement made by the learned Government Pleader (i/c.), nothing further survives for adjudication in this writ petition and the same is disposed of accordingly. No costs.
Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar sasi To:
1 The District Collector District Collectorate Erode District - 638 011.
2 The District Revenue Officer Collectorate Campus Erode District - 638 011.
3 The Revenue Divisional Officer Revenue Divisional Office Brough Road Erode District - 638 001.
4 The Tahsildar Taluk Office Perundurai Erode District - 638 052.
+1cc to Mr.C.E.Pratap , Advocate SR.No.38579(08/07/2019) +1cc to Mr.K.T.S.Sivakumar , Advocate SR.No. 38578 +1 cc to Government Pleader Sr.No. 38788 W.P.No.27947 of 2018 A.SK(03/06/2019)