Subbaiah v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2021

CORAM:

The Hon'ble Mr.JUSTICE T.S.SIVAGNANAM AND The Hon'ble Mrs.JUSTICE S.ANANTHI Subbaiah

...Petitioner

Vs.

1. The District Collector,

2. The Revenue Divisional Officer, Illupur, Pudukottai District.

3. The Tahsildar, Ponnamaravathi Taluk,

4. Panjavarnam

5. The Block development Officer, Ponnamaravathi,

...Respondents

(R5-Suo moto impleaded by Order dated 19.01.2021 in W.P(MD).No.633 of 2021).

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, directing the respondents No.1 to 3 to remove the encroachment made by the 4th Respondent in the Government Poromboke land in SY.No.71, Thenoor Village, Ponnamaravathi Taluk and Pudukottai District within the time stipulated by this Court by considering his representation dated 16.06.2020 in accordance with G.O.Ms.No.540.

For Petitioner : Mr.R.Balakrishnan For Respondents : Mr.R.Baskaran, Standing Counsel for Govt.

For R1 to R3.

Mr.N.A.Palaniyandi, For R4.

1/3

O R D E R

[Order of the Court was delivered by T.S.SIVAGNANAM,J.] The petitioner, by way of this Writ Petition, prays for a direction upon the respondents 1 to 3 to remove the encroachment made by the 4th Respondent in the Government Poromboke land in SY.No.71, Thenoor Village, Ponnamaravathi Taluk and Pudukottai District within the time stipulated by this Court by considering his representation dated 16.06.2020 in accordance with G.O.Ms.No.540.

2. Since the representation dated 16.06.2020 is pending before the Authorities, we direct the 5th respondent Block Development Officer, Ponnamaravathi, Pudukottai District, to conduct an enquiry into the matter. The 5th respondent shall issue notice to the petitioner and the 4th respondent, after affording full and effective opportunity of personal hearing either to themselves or their authorised representatives receive all the documents, pass a reasoned order on merits and in accordance with law. This direction to be complied within three months from the date of receipt of a copy of this order.

3. In the result, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) kmm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The District Collector,

2. The Revenue Divisional Officer, Illupur, Pudukottai District.

2/3

3. The Tahsildar, Ponnamaravathi Taluk,

4. The Block development Officer, Ponnamaravathi, Pudukottai District.

+1 CC to M/s.R.BALAKRISHNAN, Advocate ( SR-21292[F] dated 06/07/2021 +1 CC to M/s.NA.PALANIYANDI, Advocate ( SR-21286[F] dated 06/07/2021 Order made in W.P.(MD).No.633 of 2021 Dated: 05.07.2021 ls(CO) TR(13.07.2021) 3P 7C 3/3