Tmt.Ezhilarasi v. The Executive Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.03.2019 CORAM :

The Hon'ble Mrs.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.29606 of 2018 Ezhilarasi .. Petitioner -vs1.The Executive Officer, Thiyagathurugam Township, Villupuram District.

2.The District Revenue Officer, Villupuram District.

3.V.Kamalam 4.Ramachandran .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 and 2 to remove the encroachment by the respondents 3 and 4 as found to be in the order dated 07.08.2018 vide Na.Ka No.A1/34/2018 passed by the 1st respondent to remove the encroachment forthwith.

For Petitioner : Mr.V.Manohar For Respondents : Mr.V.Jayaprakash Narayanan Government Pleader (i/c) respondent Nos.1 and 2 Mr.P.Tamilavel for respondent No.3 R4- Not Ready in Notice

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) Heard Mr.V.Manohar, learned counsel for the petitioner; Mr.V.Jayaprakash Narayanan, learned Government Pleader (i/c) for respondent Nos.1 and 2 and Mr.P.Tamilavel, learned counsel for respondent No.3.

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2. The petitioner is seeking direction to respondent Nos.1 and 2 to remove the encroachment put by respondent Nos.3 and 4. According to the petitioner, the encroachment is put up in the land adjoining the property of the petitioner, which is situated in Survey No.85/3A1A in Thiyagathurugam Township in Villupuram District.

3. The learned Government Pleader (i/c) has filed the counter-affidavit of respondent No.1, wherein it is stated that respondent No.4 and Dhanasekaran, son of respondent No.3 have been found to have made encroachments in the said Survey Number and hence, they have issued notices under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 on 07.06.2018 by RPAD. Thereafter, Section 6 notices were issued to encroachers vide R.O.C.No.A1/34/2018, dated 07.08.2018 through RPAD. Thus, it is seen that respondent Nos.1 and 2 are taking steps in relation to the encroachments in the said Survey Number.

4. In such view of the matter, no further orders are necessary at this stage. The writ petition is disposed of accordingly. No costs. Consequently, W.M.P.No.34582 of 2018 is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar bbr To 1.The Executive Officer, Thiyagathurugam Township, Villupuram District.

2.The District Revenue Officer, Villupuram District.

+1cc to Mr.V.Manohar, Advocate, S.R.No.28720 W.P.No.29606 of 2018 AK(CO) RRS(27/04/2019) https://hcservices.ecourts.gov.in/hcservices/