Gururaj. R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.736 of 2024 R.Gururaj ... Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The District Revenue Officer, Trichy District, Trichy.

3.The Revenue Divisional Officer, Trichy Revenue Division, 4.The Tahsildar, Thiruverumbur Taluk,

5.The Block Development Officer, Thiruverumbur Panchayat Union, 6.The Sub Registrar, K. Sathanur, K.K.Nagar, 7.The Assistant Executive Engineer, Tamil Nadu Generation and Distribution Corporation, Sembattu East, Airport, Trichy - 620 007.

8.Rajagopal 9.Subramanian 10.Irudhayasamy 11.Velu @ Rajavelu 12.S.Kannan 13.Mahalakshmi 14.K.Vijayakumar ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents Nos.1 to 5 to remove the

encroachment made by the respondent Nos.8 to 14 in SF Nos.135/1 and 135/2 of Gundur Village, Thiruverumbur Taluk, Trichy District and restore the Thaneer Panthal land as to its original Status, based on the petitioner's representation dated 19.10.2023.

For Petitioner :

Mr.A.N.Ramanathan, for Mr.M.Suresh For Respondents :

Mr.S.P.Maharajan, Spl. Govt. Pleader for R1 to R4 Mr.N.Satheeshkumar, Addl. Govt. Pleader for R5

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus directing the respondents Nos.1 to 5 to remove the encroachment made by the respondent Nos.8 to 14 in SF Nos.135/1 and 135/2 of Gundur Village, Thiruverumbur Taluk, Trichy District and restore the Thaneer Panthal land as to its original Status, based on the petitioner's representation dated 19.10.2023.

2. This Writ Petition is taken up for final disposal at the admission stage itself.

3. It is the case of the petitioner that the respondents 8 to 14 have made encroachment in the property in question by way of constructing residential buildings and shops. The respondents 8 to 14 have no right over the property in question, which were classified as Thaneer Panthal. In this regard, the petitioner made a representation on 19.10.2023, to remove the encroachment made by the respondents 8 to 14 and restore the land as to is original status, however, no steps have been taken by the respondents to remove the same. Hence, the petitioner has filed this Writ Petition.

4. Considering the facts and circumstances of the case, without going into the merits of the matter, we direct the fourth respondent to take appropriate action for removal of encroachment, if any, in the property in question after providing opportunity to the petitioner as well as the respondents 8 to 14 and the

parties concerned, within a period of eight (8) weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

[D.K.K., J.] [R.V., J.] 12.01.2024 Index :

Yes / No vsm To 1.The District Collector, Trichy District, Trichy.

2.The District Revenue Officer, Trichy District, Trichy.

3.The Revenue Divisional Officer, Trichy Revenue Division,

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

vsm 4.The Tahsildar, Thiruverumbur Taluk, 5.The Block Development Officer, Thiruverumbur Panchayat Union, 6.The Sub Registrar, K. Sathanur, K.K.Nagar, 7.The Assistant Executive Engineer, Tamil Nadu Generation and Distribution Corporation, Sembattu East, Airport, Trichy - 620 007.

W.P.(MD)No.736 of 2024 12.01.2024